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Florida’s Foreclosure Legislation, All We Need Are Two Words Changed….

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…..


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…..




  • triumphant says:

    No, Matt. The entire bill is a p.o.s. that must die, now. These lawmakers are out of control, screwing Florida VOTERS’, land owners’ property rights and contracts to favor the banking industry, most of whom are based outside of Florida.

    This horrible bill purports to have all homeowner-detrimental provisions be applied retrospectively, (except the oddly omitted 702.06, which is not mentioned in the applicability sections at the end of the bill), while any bankster-detrimental provisions (702.015) are purported to be applicable only prospectively.

    The Florida Supreme Court only last year has found that these types of law changes are NOT applicable to existing contracts because such application would constitute an unconstitutional impairment of those contracts made at a time when governing laws were different.

    WHO will step up to mount the necessary constitutional challenge on behalf of property owners, mortgagors in Florida???!!!??? Will the ACLU? Will the Tea Party? Will (true) Conservatives? Will (true) Liberals? Will (true) Libertarians?

  • Along with every little thing that appears to be building inside this area, a significant percentage of opinions are generally somewhat exciting. In any event I did take pleasure in reading through it.

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