The foreclosure legislation is moving along. It’s bad in many respects but much will be changed if only two words are changed:
Beginning at Line 219:
If a defendant files defenses by a motion, or by a verified or sworn answer, affidavits, or other papers at or before the hearing, such action
may SHALL constitute cause and may SHALL preclude the entry of a final judgment at the hearing to show cause.
That’s it folks, two words at line 222. This will allow the banks and condo associations to fight it out over abandoned properties, while keeping homeowners that have legitimate defenses.
A critical point that must be understood by the homeowner’s associations that are clearly pushing to have this bill moving…..
A HOMEOWNER THAT DEFENDS THEIR CASE IS A HOMEOWNER THAT PAYS HOMEOWNER’S ASSOCIATION FEES!
There should not be any attorney out there who does not DEMAND that his clients pay their HOA fees and dues. We are in agreement with the HOAs on these issues.
The HOAs should support us in this change and we in turn should support the HOAs when they move forward with this legislation.
But of course, we’ve all got to be concerned about the last minute changes…..