Posts Tagged ‘Homeowner Relief and Housing Recovery Act’
Upate- NBC News Broacast on Anti-Consumer Foreclosure Bill
Author: Matthew D. Weidner, Esq.
Check out Bay News 9′s latest update on the Foreclosure Bill!
(click here to watch news video)
Tuesday, April 13, 2010:
BAY NEWS 9 — Florida lawmakers are looking at a bill, the Homeowner Relief and Housing Recovery Act, which would allow some homeowners to go through the foreclosure process without going before a judge.
Attorney Matthew Weidner said the proposed law would make the foreclosure process faster and easier for banks, but that some people will give up their rights if the bill becomes law.
“It removes judicial oversight in the foreclosure process,” Weidner said. “Right now if a bank wants to come and take your home, or a legislator’s home for that matter, they have to go through a judge. A judge that we elect. A judge that’s fair and is independent. What the bankers want to do is to remove that fair and independent judicial oversight of the foreclosure process.”
But state Sen. Michael Bennett (R-Bradenton), who’s sponsoring the bill in the Senate, said some homeowners want the non-judicial foreclosure option. Bennett also said the program is voluntary.
“We actually have a lot of homeowners who, if they could get away from the deficiency, would be very happy to walk away from the whole deal,” Bennett said. “But we want to make sure that if they still want to go to court, that if they still want to fight it, they can still have that opportunity. So, it’s strictly a voluntary thing by the mortgagee.”
Similar bills are making their way through House and Senate committees.”
Watch the Bay News 9 Video below:
- – -
HELP STOP THE TRAMPLING OF HOMEOWNER’S RIGHTS- CONTACT NEWS OUTLETS TODAY!
Author: Matthew D. Weidner, Esq.
Good work everyone!
News outlets across the state are picking up on the growing groundswell of opposition to the absurdly titled “Homeowner Relief and Housing Recovery Act“.
Please contact your local news media outlets and let them know that you are opposed to legislation that would strip consumers of their right to appear before an elected judge.
Let’s get the message loud and clear from Key West to Pensacola that Floridians will not sit back and turn our homes over to bankers meeting in private tribunals.
The Circuit Courts of this State and the Judges we elect are our only safeguard against the gross abuses of power we’re seeing the banks wield right before our eyes.
Call your newspaper, radio, television stations.
Attached below is the actual house bill, the house analysis and a press release prepared.
Just google your favorite news outlet, then contact the newsroom, read the documents above so you are properly informed and send a message loud and clear to Tallahassee!
The Banks Are Moving Quickly To Turn Florida Into a Non-Judicial State- HELP NOW!
Author: Matthew D. Weidner, Esq.
Florida Attorneys Defending Homeowner Rights Will Be Traveling to Tallahassee on Wednesday April 21, 2010 to Urge Members of Both Houses Not to Vote on Anti-Consumer Foreclosure Legislation. The Bankers Are Moving Faster and Will Vote to Have This Legislation Approved This Week.
If you are a consumer…drop what you’re doing and contact the members below….tell them NO TO THE BANKS AND NON-JUDICIAL FORECLOSURE!
Attached here is the Staff Analysis for House Bill 1523 that is set to turn Florida into a non-judicial state. Due to a few provisions, the practice of foreclosure defense will be severely curtailed. From the Analysis:
As to homestead residential real property, the complaint must be filed within 45 days of receipt of the notice of foreclosure. The complaint must state a bona fide defense to the foreclosure, and must include a certificate under oath certifying that the complaint is not being filed for the purpose of delay. If the court finds that the complaint was filed solely for delay, the court must dismiss the action.
If the debtor is represented by an attorney, the attorney filing the action must certify to the facts represented by the debtor. A lawyer representing a debtor in such action must also, in writing, inform the debtor that electing court action means that the debtor may be subject to a deficiency judgment and a negative credit rating. The writing must be acknowledged by the debtor. The bill provides that failure to provide this notice is “negligence per se.” If the court finds that the affidavits are false or without a reasonable basis, the debtor and his or her attorney are jointly and severally liable for the costs and fees of the foreclosing creditor.
This bill is a HUGE gift to the lenders and banks I’ve dedicated my life to fighting. They are engaged in systematic and widespread fraud as they march across the state trying to take people’s homes in many cases lacking the proper evidence to do so. They apparently can commit fraudulent and criminal acts and apparently do all of this with no fear of any consequences. Now, in an effort to squelch attorneys who defend homeowners, they want to place unheard of liabilities on Defense practitioners….this will severely limit the defenses homeowners will be able to raise.
THIS BILL MARKS A SHOCKING AND PROFOUND CHANGE IN THE RIGHTS OF HOMEOWNERS ACROSS THE STATE OF FLORIDA!
Below are the Tallahassee numbers for the members who sit on the committee that is set to consider this bad legislation today. It only contains their Tallahassee numbers and no faxes. If someone could get email addresses and fax numbers both for Tallahassee offices and their districts back home that would be most helpful. They meet today beginning at 1:00 p.m. please try to get your calls in and register disapproval before then…contact the newspapers for their districts as well.
Capitol Office
417 House Office Building
402 South Monroe Street
Tallahassee, FL 32399-1300
Representatives:
Domino, Carl J. (R) Chair 850-488-0322
Weinstein, Michael B. (R)Vice Chair 850-488-1304
Soto, Darren (D) Democratic Ranking Member 850-488-9240
Eisnaugle, Eric (R) 850-488-9770
Fetterman, Adam M. (D) 850-488-8749
Flores, Anitere (R) 850-488-2831
Frishe, James C. (R) 850-488-9960
Gibson, Audrey (D) 850-488-7417
Gonzalez, Eduardo (R) 850-488-1683
Grady, Tom (R) 850-488-4487
McKeel, Seth (R) 850-488-9890
Murzin, Dave (R) 850-488-8278
O’Toole, H. Marlene (R) 850-488-5991
Poppell, Ralph (R) 850-488-3006
Staff:
De La Paz, David Staff Director
Ingram, Michele Administrative Assistant
There is no Senate analysis of this bill yet, but it will be considered during the Senate Commitee meeting, on TUESDAY, APRIL 13, 2010. Following are contact numbers for these members, please contact them and demand they vote against Senate Bill 2270!
| Location: 320 Knott Building Mailing Address: 404 S. Monroe Street Tallahassee, FL 32399-1100 (850) 487-5361 / Senate VOIP 5361 |
Members:
- Chair: Senator Garrett S. Richter (R)
- Vice Chair: Senator Christopher L. “Chris” Smith (D)
- Senator JD Alexander (R)
- Senator Michael S. “Mike” Bennett (R)
- Senator Mike Fasano (R)
- Senator Alfred “Al” Lawson, Jr. (D)
- Senator Joe Negron (R)
- Senator Jeremy Ring (D)
- Senator Ronda Storms (R)
- Senator J. Alex Villalobos (R)
Legislative Red Alert- Florida Senate Will Now Consider Non-Judicial Foreclosure Legislation
Author: Matthew D. Weidner, Esq.
The Florida Senate just released their calendar for next week and after sleeping on the non judicial foreclosure bill all session, at the last minute, they are pulling it out and setting it for committee as follows:
Relating to Foreclosure Proceedings for Nonhomestead Property by Bennett
04/08/10 SENATE On Committee agenda – Banking and Insurance, 04/13/10, 12:30 pm, 412 K
This is red alert time….the bankers are coming on hard and fast and they don’t aim to lose on this one!
