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Next Foreclosure Round Will Be Expensive

Written by Posted On Saturday, 26 June 2021 06:03

“I believe it’ll be fair if they prevail the bank gets fees, or if we prevail we get fees. That’s the way it should be. I think this is how the legislature wanted it, and this is how the Fourth DCA is now going to rule. It’s clear that everyone is going to follow the path here of what is right.” – Roy D. Oppenheim

By Jasmine Floyd | June 25, 2021 at 02:48 PM | The original version of this story was published on the Daily Business Review

Florida Supreme Court

A new ruling from Florida’s Fourth District Court of Appeal could mean that the losing party—on any side of a foreclosure case—could be held accountable for attorney fees.

The modification came after the state Supreme Court remanded a case to the Fourth DCA. The Supreme Court reversed part of the lower court’s ruling in the case of plaintiffs Beverly A. and Frederick J. Ellis.

Read the Fourth DCA ruling

Representing the Ellises are attorneys Kendrick Almaguer, Jamie Sasson, Peter Ticktin and Michael Vater of The Ticktin Law Group in Deerfield Beach.

In this case, Almaguer and the Ticktin team argued for the Ellises in their appeal of a trial court’s order denying them court costs and attorney fees.

Based on the decision of the Supreme Court in the Page vs Deutsche Bank Trust Co. case, the court partially reversed the decision.

The Ellises will now be awarded attorney fees, but since Page case did not involve taxing costs, the decision remained the same for that portion of the appeal.

Chief Judge Spencer D. Levine and Judge Mark W. Klingensmith concurred with Judge Johnathan D. Gerber to affirm the fees and reverse the attorney fees.

“Because Page did not relate to the ground upon which we affirmed the trial court’s order denying the borrowers’ motion for taxable costs—lack of preservation—that portion of the trial court’s order remains affirmed,” the appellate panel ruled.

Roy D. Oppenheim, of Oppemheim Law in Weston. Photo: J. Albert Diaz/ALM.

And Roy Oppenheim, partner at Oppenheim Law in Weston, who is not involved in the case, agreed.

“I believe it’ll be fair if they prevail the bank gets fees, or if we prevail we get fees. That’s the way it should be. I think this is how the legislature wanted it, and this is how the Fourth DCA is now going to rule. It’s clear that everyone is going to follow the path here of what is right.”

Oppenheim said foreclosure defense firms, will be entitled to attorney fees again when they are victorious.


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West Palm Beach, FL 33401

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Roy Oppenheim

From Wall Street to Main Street, Roy Oppenheim is a successful serial entrepreneur and attorney focusing on Florida real estate, foreclosure defense, loss mitigation and Internet ventures.

He founded Oppenheim Law in 1989 with his wife Ellen Pilelsky and uniquely positioned the Firm as one of Florida’s leading boutique law firms in Weston, Florida.

Serving national, international, and local clients, Mr. Oppenheim has the highest rating (A-V) conferred by Martindale Hubbell Law Directory, the most respected directory of lawyers and law firms in the U.S.

In 1989, Mr. Oppenheim also co-founded and served as general counsel to ShopSmart Corp., the company that originated and owned the GNC Gold Card Program, a program that continues to this day and was one of the first cross-promotional programs of its kind.

In addition, in 1994, he co-founded Weston Title & Escrow, the oldest title company in Weston, Florida, and he currently serves as its Vice President. In 1999, Mr. Oppenheim served a one-year term on the board of directors for Catalina Lighting, a publicly traded company on the New York Stock Exchange.

Growing up in the Bronx, Mr. Oppenheim learned to be focused on success and driven to always persevere for opportunity.

In 2009, he started the South Florida Law Blog, which was voted the best business and technology blog by the South Florida Sun-Sentinel. He also serves as an expert witness on title industry practices.

Mr. Oppenheim has also co-authored two law review articles, Deconstructing The Black Magic of Securitized Trusts, published in the Stetson University Law Review’s Spring 2012 Edition, and The Emperor’s New Clothes, published in the William & Mary Business Law Review Volume 6.

Today, Mr. Oppenheim is a sought-after legal expert on issues relating to the real estate crisis and beyond. In addition to his own blog, he also has been a contributor to Yahoo! Homes, and featured on HuffPost Live, FOX News, and Lifetime TV. In addition he has been quoted in prominent national publications, including USA Today, The New York Times and Huffington Post, among others. Mr. Oppenheim also understands the power of social media, and can be found on a variety of social media platforms.

Mr. Oppenheim also speaks fluent German.


  • Florida Bar, 1987; Member of the Real Property Probate and Trust Law Section
  • New York Bar, 1987; United States District for the Southern and Eastern Districts of New York, 1987
  • U.S. District Court, Southern and Middle Districts of Florida, 1993


  • Princeton University, A.B., cum laude, 1982
  • Northwestern University School of Law, J.D., 1986
    • Member of the Northwestern University Law Review
    • Member of the National Moot Court Team

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