Foreclosure Defense FloridaGeneral Information

2013 The Year Wall Street Completes It’s Purchase of Florida’s Court System…



For the fourth year in a row, an anti-consumer, Anti-American bill, backed by the very powerful mortgage servicing industry, is cruising through the Florida House of Representatives, and this time, it looks like it could actually become law! It has already passed through a very important committee.

After 4 years of trying, it appears Wall Street has finally purchased enough of our state legislators to enact a bill that will eliminate due process and fundamental justice in Florida foreclosure cases.  Rep. Kathleen Passidomo’s HB 87, perversely named Florida Fair Foreclosure Act, makes it much easier for mortgage companies to foreclose on residential mortgages by literally eliminating a homeowner’s right to fight the foreclosure.

I could see such a law in China, North Korea, or Cuba, but I never thought I would see such an Anti-American bill proposed by Florida’s Republican Party.

Fact: The proposed bill shifts the burden of proof to the defendant

The basic tenant of civil jurisprudence is that the plaintiff has the burden of proving its case, just as the basic tenant in criminal jurisprudence is that an accused is presumed innocent until convicted.

As Americans, we have earned our ” Day in Court.” However, HB 87 actually shifts the burden to homeowners to present evidence that they shouldn’t have their house taken away. The plaintiff no longer need to present evidence at all.

Under the proposed bill, a bank files a civil complaint alleging the necessary elements of a foreclosure. The Court then sets a ” Show Cause” hearing, wherein the homeowner must disprove the allegations.

Yes, the Court must assume the mortgage industry is telling the truth, despite the fact that the entire country knows mortgage companies have been caught lying in nearly every foreclosure every filed in the United States in the last decade or so. This should only make sense to Lance Armstrong.

Foreclosure complaints are often inaccurate. Banks routinely fail to properly apply payments in accordance with the mortgage, and they usually always fail to exhaust all contractual and legislative obligations to the homeowner prior to commencing a case. For instance, mortgage servicers who took taxpayer bailout money under the TARP program are required by law to act in good faith in modifying their customers mortgages prior to foreclosing on their home, but this never happens.

The process for uncovering the misdeeds of the banking industry is complicated by industry efforts to stonewall discovery. A homeowner’s right to seek this discovery is all but eliminated under the proposed legislation because of the speed with which evidence must be gathered.



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