2014 End of the Year Real Estate Defense News – Oppenheim Law and more...




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2014 End of the Year Real Estate Defense News – Oppenheim Law

Real Estate Rumor Mill

Take note:  Rumor has it from a highly-credentialed source that the retired South Florida  ‘Judges’ appointed about 6 years ago to come out of retirement are yet, retiring again.

Once again, what started as a special division to push foreclosures in Florida through the judicial system more quickly has come to a screeching halt!

As legislation would have it, there are NO funds in the budget to renew the ‘part-time, old-timers’ contracts to keep the foreclosure housing crisis flowing quickly through the system. Senior judges are no longer afforded the special allocations.

Yet, the foreclosures in Florida are still causing plenty of legal issues with robo-signer redux as discussed in the New York Times.

 In the trenches -

Trends in the judicial landscape as it relates to Florida foreclosures called the infamous  ‘rocket-docket’ ends and hopefully the foreclosure housing nightmare will wind down in 2015. Yet, with defiency judgements still looming,  homeowners need to “stand their ground” and be legally prepared as the debt collectors try and re-foreclose on already foreclosed properties.

In this video, Roy Oppenheim speaks about the end of the year judicial changes happening, now. Adjudicating foreclosure jurisprudence to reaffirm the rule of law with good judicial decisions making a comeback.

Happy retirement; again, foreclosure Judges.

In The Trenches,

Roy Oppenheim

Roy Oppenheim

Oppenheim Law sets the record straight in real estate, foreclosure and homeowner related matters. For over 25 years, Oppenheim Law has successfully defended and protected clients in South Florida representing them as their advocates. They have closed over $1.5 billion in real estate transactions ranging from representing investors in buying and selling commercial property, representing homeowners buying and selling, refinancing or modifying their loans. The firm also has developed a national reputation defending homeowners in foreclosure and in defending deficiency judgments. The firm also engages in the highest quality of sophisticated commercial litigation and serving as general counsel to real estate developers and closely held companies, coordinating all legal related matters. Watch and see Roy Oppenheim discuss how he built South Florida’s premier law firm.  Subscribe to the award winning South Florida Law Blog to stay connected to the latest in real estate law by Roy Oppenheim(954) 384-6114 Oppenheim Law.

  

The American Horror Story winds down in Florida as cases become involuntarily dismissed by judges

Title Card from American Horror Story Season I.

With the ‘zombie foreclosures’  still lingering,  at this point let’s call it, The American Horror Story if you will;  but, it seems some Florida courts have finally begun to apply the rules of law, civil procedure and evidence in foreclosure cases. Stopping the “trick -the-homeowner and treat-the-bank” system of procedure and evidence that have haunted Florida homeowners for nearly a decade; finally, the court system ‘gets it.’ And, it appears there is a growing trend of foreclosure cases being involuntarily dismissed by judges as the freak show finally winds down.

Season 1: Murder House – Banks Must Prove Standing

In order for a bank to foreclose on a homeowner, it must prove standing to collect on the subject Note and Mortgage.  A bank (or servicer) has standing to foreclose if they can prove that they are the “holder in due course” of the note and mortgage.  In the past, banks have desperately attempted to prove standing to collect on countless mortgages and notes that have been bundled, transferred, traded, and sold to numerous different banks, servicers, and entities of the like.  These efforts often times included the procuring of forged assignments and other documents in order to prove standing to bring suit on notes and mortgages.  After a slap on the wrist from the attorney general in 2010 for their exposed fraud on the court, the banks then turned to unqualified witnesses to attempt to establish standing.

Season 2: Asylum – Zombie-esque Witnesses

In thousands of foreclosure cases across the state, banks are producing witnesses to help prove their cases.  In theory these witnesses are supposed to testify and lay the proper foundation for the admittance of evidence that is imperative for each individual foreclosure case across the state.  Each witness should have particular knowledge about whether the evidence (various documents and system entries) presented by the bank was made at the time of the event; by a person with knowledge; kept in the ordinary course of business; and done as a regular business practice.  If the witness does not meet the qualifications set out in Florida’s Evidence Code, then they are deemed unqualified and the bank’s evidence dies.

Problems arise when a homeowner who creates a note and mortgage with Bank A (which is then sold to Bank B, then assigned to Bank C, who in-turn sells it to Bank D) is foreclosed upon by Bank E.  How is Bank E to prove standing to foreclose when they don’t have all the required documentation?

Without going into boring detail, the bank will produce a robo-witness (or for festive purposes, a “Zombie Witness”) from their loan servicing department to testify that at every step along the way each bank or servicer met the requirements for handling the loan and transferring or selling it to others.  It doesn’t take a whole lot of common sense to see that a witness employed by Bank E does not have the requisite knowledge or foundation to testify about the happenings in Bank A, B, C, & D.

Season 3 CovenSeason 3: Coven – Houses No Longer Haunted? 

Until recently, foreclosure defense attorneys had been working rigorously and zealously to prove the banks’ witnesses as unqualified to testify at trial – only to have judges blatantly overlook the rules of the court and allow robo-witnesses to validate the banks’ case.

This past month, several appellate courts across the state have changed their tune, realized their mistakes, and have begun to find banks’ witnesses to be unqualified to testify about vital documents to the case.  As a result, there seems to be a growing trend of foreclosure cases being involuntarily dismissed by judges.  If the trend continues, we may finally see the double-standard in foreclosure courts come crumbling down, ending the “trick-and-treat” era.

Florida Foreclosure Freak Show EndsSeason 4: Freak Show – Scary lore finally giving way to the law

 

In The Trenches,

Roy Oppenheim

  

Are you over the economic housing crisis and foreclosures South Florida?

images

In a recent article by editor Paul Owers, the Sun Sentinel reported that “New foreclosure cases declined across South Florida” in September and the third quarter, according to a report Thursday from RealtyTrac Inc.

Published exerpts by Roy Oppenheim in the article are republished here; but WAIT, there’s so much more!

retirementNOTReal Estate rumor mill – take note:  Rumor has it from a highly-credentialed source that –  the retired South Florida  ‘Judges’ appointed about 6 years ago to come out of retirement are yet, retiring again. Yes!

Once again, what started as a special division to push foreclosures in Florida through the judicial system more quickly has come to a screeching halt!

As legislature would have it, there are NO funds in the budget to renew the ‘part-time, old-timers’ contracts to keep the foreclosure housing crisis flowing quickly through the system. Senior judges are no longer afforded the special allocations. Happy retirement; again, foreclosure Judges.

The reason why?

retirementAccording to the Sun Sentinel, “Broward had 180 filings last month, down 59 percent from September 2013. In the July-through-September period, Broward foreclosure starts dropped 63 percent. And, Palm Beach County had 381 filings in September, off 45 percent from a year earlier. Third-quarter starts fell 23 percent.”

Roy Oppenheim, a South Florida foreclosure defense lawyer, according to the Sun Sentinel, said other factors could contribute to more foreclosures, though he doesn’t expect the problem to return anywhere close to the crisis levels of 2008 and 2009.

 Fewer homeowners are completing short sales because the tax benefit disappeared. And the economy is showing signs of slowing down, said Oppenheim, who is expanding his Weston offices with the expectation of increased business in the months and years ahead.

“There will always be foreclosures out there,” he said. “It’s going to be become a permanent part of the economy.”

Latest 2014 polls show Gov. Rick Scott and Charlie Crist in tight race with only one month left. Oppenheim says, "Fla. real estate needs to be addressed by both."

Latest 2014 polls show Gov. Rick Scott and Charlie Crist in tight race with only one month left. Oppenheim says, “Fla. real estate needs to be addressed by both.”

The South Florida Law Blog invites both Gov. Rick Scott and Charlie Crist to watch this and address our untapped Florida economic resource dealing (still!) with foreclosure issues.

In the Trenches, 
Roy Oppenheim
  

Foreclosure trial involving homeowner and bank: #boom gone in 24 minutes thanks to Oppenheim Law Firm

Foreclosure trial #boom gone in 24 minutes! #banks

Foreclosure trial #boom gone in 24 minutes thanks to Oppenheim Law Firm

  

South Florida Real Estate Could Use a #FanGate, too! The 2014 Florida Gov. Gubernatorial Race Heats Up.

Latest 2014 polls show Gov. Rick Scott and Charlie Crist in tight race with only one month left. Oppenheim says, "Fla. real estate needs to be addressed by both."

2014 polls show Gov. Rick Scott and Charlie Crist in tight race with only one month to go. Roy Oppenheim, foreclosure defense attorney wants the Florida real estate zombie foreclosures to be addressed by both.

#Fangate overshadows weirdest start of the FL. Gov. gubernatorial debate as the 900 pound invisible gorilla in South Florida seeks answers.

While the Florida real estate market is heating up in Florida and particularly South Florida, all eyes are also watching the 2014 Florida gubernatorial election between candidates Charlie Crist (D) and Rick Scott (R) -both parties openly discuss education, unemployment, immigration and the ever-promising $1 billion in tax cuts.

One thing for sure is; no one is speaking about the 900 pound invisible gorilla in this campaign which is the billions of real estate dollars that continue to be locked up from the housing issues dealing with zombie foreclosures.

For the first time since the Governors race began – the South Florida housing issue is finally being addressed; unfortunately, not by either Crist or Scott.

 

And, last night twitter followers started to go crazy posting viral remarks and making almost famous the hashtag from Hell, #fangate. Some examples

 Homes in the State of Florida are Holding Back the Economy With Zombie Mortagages.

Homes in the State of Florida are Holding Back the Economy With Zombie Foreclosures.

Local South Florida Foreclosure Issues

Local real estate and foreclosure defense attorney Roy Oppenheim (well regarded for opinions that seem to be a favorite amongst South Florida homeowners’ afflicted and/or inflicted by the “Too Big To Fail, Too Big to Jail” banking quagmire) poignantly asks the Fl. Gov. gubernatorial candidates Crist and Scott to address the untapped housing issues mostly involving Miami-Dade, Monroe, Broward, Palm Beach and West Palm Beach areas that could infuse the South Florida economy with billions in economic fuel.

South Florida’s Economy

Zombie foreclosures continue to impede South Florida real estate market - locking up billions of dollars

Zombie foreclosures continue to impede South Florida real estate market – locking up billions of dollars

And, as billions of dollars in untapped Florida resources continue to remain locked-up, one thing is for certain – the 900lb invisible gorilla will flare its’ nostrils until either Crist or Scott soothes the giant.

What is causing this market to remain untapped in precious resources?

Besides #Fangate overshadowing Florida’s key issues, this was the weirdest start of a gubernatorial debate that  took place as the 900 pound invisible gorilla in South Florida is seeking answers.

Homes unsuccessfully foreclosed upon by the banks are causing a huge drag on the Florida real estate market.  Homeowners cannot resell, transfer title, refinance, or purchase new homes because they are literally trapped.

Oppenheim has concerns regarding the “unlocked real estate resources that can’t be tapped.”

And, with good reason.

2014 Gubernatorial Fla. Elections

In order to move the Florida economy forward the gubernatorial candidates must address the housing issues still looming since the crisis.

Numerous businesses’ in Florida would receive a true boost, as would employment and the entire Florida economy, by a proper addressing of Florida’s housing issues.  All areas of business statewide, specifically construction, banking, furniture, sales, insurance companies, real estate lawyers, title companies and surveyors –  among others, are (and have been) eagerly awaiting for a candidate to emerge with a plan to triumph over the lingering effects of the crisis and drive Florida forward in 2015.

 Roy Oppenheim,

 From The Trenches

Foreclosure Defense Attorney And Legal Commentator Roy OppenheimOppenheim Law Firm – Roy Oppenheim,

founder and editor of the South Florida Law Blog

Real estate and foreclosure defense attorney Roy Oppenheim passionately defends Florida homeowners and investors from foreclosure, arranging short-sales, loan modifications, mortgage advice, commercial litigation, and business related matters. Roy is also the original creator of the South Florida Law Blog, named the best business and technology blog by the Sun-Sentinel. Share your comments and thoughts on the Oppenheim Laws digital media social networks; they’d love to hear from you. –