Rick Scott, Florida popular governor made a special surprise appearance at the Florida Bar Annual Meeting where he urged attorneys and Bar leadership to
GET THEM FORECLOSURES MOVING….IF COURTS CAN’T SPEED THINGS THOUGH….TAKE EM OUT OF COURT AND LET’S GO NON-JUDICIAL
Now we all need to be very, very careful about the Imperial Government that is lording over this state and especially careful when the emperor starts offering suggestions about how to resolve the very real issues that plague our court system. In an abstract sense, our court system works just fine, thank you very much…..these fellas sorta worked all that out a few hundred years ago when they drafted this neat document called THE CONSTITUTION OF THE UNITED STATES OF AMERICA.
The plan for our courts as represented in that document provided that the best idea was for our courts to be independent from the pressures of the executive and legislative branch, but that’s not at all happening in this state. In fact, the intense pressure our courts are getting from the executive and the legislative are a big reason why our government is failing. The legislature has effectively de-funded our courts so that they cannot function properly….our judicial budget makes up less than 1% of the entire state budget.
During Scott’s meeting in Orlando, he argued that businesses were not coming to Florida because our courts were not throwing people out of their homes quick enough…..OH, WAIT, WHY DIDN’T I THINK OF THAT, NOW I GET IT….Florida’s economy, like the national economy, is not suffering from serious structural problems based on policies that ship jobs offshore….our nation’s economic woes and job losses are the result of DEADBEAT HOMEOWNERS.
That’s right, businesses are afraid to move to Florida because our courts cannot figure out how to throw people into the street faster. So let’s GET BACK TO WORK…..let’s double down on the court process and let’s get courts moving and let’s throw more people out into the street! Nevermind that the legislature and executive branch have choked our courts by not funding them.
Nevermind that all across the country state, federal and bankruptcy courts are exposing fundamental problems with the entire foreclosure…yes, in Florida, we do things differently. And it’s that different judicial process that is the very real problem in this state. There are many reasons why Florida is bad for business right now but I would say that an underfunded judicial system that functions in a rather unpredictable and erratic manner would be a real problem for businesses that might consider moving here….oh and then there’s the big pink elephant in the middle of the room which is recent analysis that suggests Florida might be the most corrupt state in the nation…..HERALD TRIBUNE
I don’t have much hope…and neither do others….as Yves Smith from Naked Capitalism describes:
Florida continues to show a rather disconcerting willingness to throw its citizens’ rights under the bus to help the banks. The state created special foreclosure courts to clear up a substantial backlog, which might not have been such a bad idea if they had been properly implemented. However, they were staffed with retired judges, many of whom seemed to put speed over due process. There have been numerous reports of judges refusing to hear motions or evidence presented by borrowers, to the point where the ACLU contested the procedures used as violations of due process.
To some degree, this has become moot since these kangaroo courts are expected to be shuttered (they required an extension of funding to continue). Moreover, new foreclosure filings have slowed in Florida as a result of the robo-signing scandal. The revelation of widespread abuses by banks has led some judges to dismiss cases with dubious documentation; judges are also complaining that banks are seldom coming to hearings on foreclosure cases.
click below for full article.
Screw Rick Scott. And he has a law degree and he spouts off nonsense? Has he ever heard of the ex post facto clause in the constitution? The real problem is of the banks own making, and can not be changed by legislation.
If they want to change the law on future foreclosures, that is the legislatures choice. Not everyone in this state has drank the tea party kool aid. And I know this dumbass who turned down the federal money for a high speed rail line, because HE wanted to make a statement, has lost the support of the nutjobs who elected him.
That money would have helped many families, and saved many struggling businesses.
Of course he is a ass of the first order.
What is more important, to my way of thinking, is whether or not any state should be “non-judicial” relative to foreclosures. In the states that are “non-judicial” the laws that “mandate” this method are skewed in favor of the creditors… the “banks/lenders.”
[ The “lenders'” attorneys simply say…. “Your only ‘other choice’ is to ..walk away from the closing and not get the money you want/or need. ..This is the only way mortgage money is available in this state — you actually have ‘no choice’.”! ]
Speaking of these kinds of “Caveat Emptor” non-choices, the same kind of explanations were given at the closing tables when homes were purchased or re-financed and the “borrower” questioned the “inclusion” of MERS in the closing papers… a party with whom the buyer had no communications before “loan closing.” (The lender attorney: “It’s just what everyone must do because ‘This is the way real-estate loans are done today’.”)
I live in Georgia and must initiate suit to sort out “who owns my deed of trust and the note.” I have no other way to determine to whom (if anyone) I owe money to and to whom any money I elect to remit, gets to the “proper party.” Add in the “securitization issue” with the probability of destroyed and/or fabricated “assignments, allonges, and/or notes and “deeds to secure debt”/mortgages, and “other issues,” I am convinced that “non-judicial foreclosure” is “hiding” millions of “fraudclosures” simply because the elements of “due process” and “discovery” have been “contractually signed away” by borrowers who have most probably been purposefully “hood-winked.”
Considering the fraud perpetrated upon an unsophisticated “buying public” by the implementation of the MERS “dynamic, manipulative (by the “members”… not the homeowners,) and title destroying, proprietary, “privately owned” database, the very laws that permit “non-judicial foreclosure” are blatantly abusive.
The very concept of “non-judicial foreclosure” may not be Constitutional. This issue should be re-visited by the Supreme court. For all that has be uncovered in Florida and other “judicial states” precious little case law is being promulgated regarding the same core issues in “non-judicial” states.
I shur ain’t no high falutin’ lawyer type or nuthin’, but I do have me simple lil’ question to ask if’n I might….
Jus’ how does “Slick Rick” figure on makin’ my lil ol’ *TITLE* here in Florida into one of them thar “Deeds-o-Trust”??
I was shocked when Scott turned down the money, I was sure he wanted the State to get the money.
I watched the hearings about this high rail system. I deduced from the ‘facts’ presented that this was just a money pit and Floridians were going to be funding its continued operation at a loss, forever.
I thought the hearing presented facts and figures that were so blatant that no one would vote for this legislation. Boy, was I wrong. I just turned off the Florida TV channel and thought it was a none issue.
I was furious to learn it had passed (I should have written letters, sent emails and made phone calls to express my desire to drop this issue!). I was then shocked Scott voted this down…
I then actually felt some hope that Scott would actually look out for the People’s best interest. After all, I didn’t vote for him…
But this article dashed my hopes for Scott…again.
The beginning of this post really threw me…Florida’s POPULAR governor????? I saw recently on the Rachel Maddow Show that a reputable poll showed that Rick Scott was the MOST UNPOPULAR governor in the entire country…even more unpopular than Scott Walker of Wisconsin, John Kasich of Ohio and Rick Snyder of Michigan…and the people in those states absolutely despise their governors. Since I moved to Florida after the last gubernatorial election, I missed whatever happened here that led to his winning, but I still find it hard to believe that a man that stole literally billions of dollars from Medicare was even allowed to run for office. So why wasn’t he prosecuted, and since his “crimes” were common knowledge, why did Floridians vote for a known criminal…was the Democrat that ran against him that bad??
welcome to the most corrupt state in the nation….it’s just so bad, so bizarre you cannot image….the democrat was Alex Sink, a bank of america attorney….the whole leadership of this state, president of senate, speaker of house….just a corrupt den of thieves……we get the government we deserve and this crew is going to destroy the state.