Foreclosure Defense Florida

Fast Foreclosures Are Good For The Economy….

By September 22, 20112 Comments

foreclosure-reformsThat’s right folks….or at least that’s the version of reality that is being broadcast by elements in this state.   No word from these folks just what exactly is going to happen with all those vacant homes and no suggestion about why this is good in a state with record high unemployment and certainly not a whisper of commentary about the fraud and crimes that lie at the foundation of Fraudclosuregate.   Nope, Tricky Rick and his colleagues just want to throw Floridians out into the street faster….rip the band aid off so to speak….

“Right now you’re prolonging the agony. Do you want to take the Band-Aid off your arm slowly so you can feel each hair being pulled out by the root, or do you want to do it quickly and get it over with?” said Sean Snaith, an economist at the University of Central Florida. “For the state’s economy as a whole, it’s a positive development.”

(I’m contacting this alleged academic…I’m just dying to hear more about his theories and see if he can support this statement.)

St. Petersburg Times Story

 

 

2 Comments

  • Dana Anderson says:

    Mr. Weidner:
    I’ve practiced law for 20 years, first in California and now here. Most of my experience has been in litigation, especially business and real estate litigation. Having litigated foreclosures here and there, on both sides of the street, I think the non-judicial system of foreclosure is better in almost all cases. In rare cases where the foreclosure is improper, a lawsuit can be filed to stop the foreclosure with a lis pendens to cloud title. The non-judicial foreclosure system in California protects homeowners from deficiency judgments, and allows everyone to move on. I’ve been in courtrooms in this State where judges are clearly overwhelmed. While there are no doubt deficiencies in paperwork in many cases, there are many cases where the loan was never transferred, and therefore the foreclosure is pretty straightforward from a chain of title standpoint. There’s no reason for those to take 2 years or more. Even routine motions regarding pleadings are being scheduled 6 or more months out. Even in the LA County Superior Court, which is much busier than courts here (with the possible exception of Miami), you never had to wait that long to have a motion heard. I think the time for a non-judicial foreclosure option is now.

    Take care,
    Dana Anderson, Esq.

    • rictic says:

      Mr / Ms Anderson, I apologize, Dana can be used for both males and female, I am not an attorney though I would like to comment on a couple of points that you make in you note to Matthew Weidner. Firstly you state that “…While there are no doubt deficiencies in paperwork in many cases, there are many cases where the loan was never transferred, and therefore the foreclosure is pretty straightforward from a chain of title standpoint…” from my non-legal understanding many, many mortgages went through the securitization process, for which there are VERY strict rules regarding the transfer of the Note & Mortgage, PSA I believe the term to be. I would beg to ask then how the foreclosure can be straightforward if the terms of the PSA where never met ? My second question would be regarding the comment “..I think the time for a non-judicial foreclosure option is now.”. Reading my mortgage paper work it states and I am paraphrasing here, that if I do not make my payments then the lender, actually it states Mortgagee, may foreclose this mortgage by JUDICIAL PROCEEDING. So my question to you, as an attorney, would be how can they proceed with a non-judicial foreclosure on anyone who has this statement in their mortgage without being in breach of contract ?
      I have to say that I must completely disagree with you, non-judicial foreclosure is not the way to go for Florida.

      Yours
      Colin Roughley

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