Foreclosure Defense Florida

I Could Solve Florida’s Foreclosure Crisis Tomorrow….Is Anyone Listening?

This madness called Florida’s Fraudclosure Crisis has been a Category 4 Hurricane stalled out across the entire state of Florida since at least the fourth quarter of 2008.   Remember those dark days?   That’s when all the banks were gonna fail unless we all gave in to Hank Paulson’s demands and wrote all the banks an unlimited blank check.

We did and things have only gotten much much worse in this state. The Fraudclosure crisis continues to clog our courtrooms, destroy communities and, frankly the crisis continues to cause catastrophic risk for the banks and institutions that caused all this catastrophe.   But I could solve the vast majority of these problems and put an end to the “crisis” part of the crisis instantly.

Say what? Huh?   How can you possibly solve this problem?

Well I can’t make it all go away, but if my friends on the “dark side”, the attorneys and decision makers from the banks and institutions would only listen to me, I could make their lives 10000 times easier immediately.   Here’s the deal.   Ignore all homestead properties for the immediate future.   Focus all your energy and attention on completing foreclosures for vacant, commercial and investment properties.   The moment you find out someone is living in a home, put the case on hold, tell your client to talk with them about a loan mod, then focus 110% of your time and energy on getting the other homes foreclosed then sold.

Why continue to focus on homestead properties when there are hundreds of thousands of homes out there that you could foreclose on that would be so much easier….so much less resistance?   And yet, I continue to fight cases, keeping families and old ladies in their homes because the banks just won’t listen to reason.

Once you get done with all the other homes, if you want to come take a run at me and my clients…have at it.   But you’re making costly and horrible business decisions to fight me when you are so much better off going after the lower hanging fruit.   In the next phases, look at this:

69.021″ƒBondholders’ committee.””

(1)”ƒSELECTION.””In any action to foreclose the lien of any mortgage or deed of trust given to secure any issue of bonds or other obligations and encumbering real or personal property or both when the owners of the bonds or beneficiaries of the trust exceed ten in number, on motion of a party or on its own initiative, the court may appoint three persons, two of whom shall constitute a quorum for all purposes, as a committee for the protection of the holders of bonds or units or certificates of beneficial interest. The committee is vested with such powers and authority and shall discharge such duties in connection with the litigation and its subject matter as is necessary and proper in the court’s discretion to protect the interest of the holders of the bonds and beneficiaries of the trust involved in, or affected by, the litigation. During the pendency of such litigation, the court may prescribe, modify, abrogate or nullify the powers and authority of the committee.

Next, look at this:

702.065″ƒFinal judgment in uncontested proceedings where deficiency judgment waived; attorney’s fees when default judgment entered.””

(1)”ƒIn uncontested mortgage foreclosure proceedings in which the mortgagee waives the right to recoup any deficiency judgment, the court shall enter final judgment within 90 days from the date of the close of pleadings. For the purposes of this subsection, a mortgage foreclosure proceeding is uncontested if an answer not contesting the foreclosure has been filed or a default judgment has been entered by the court.
(2)”ƒIn a mortgage foreclosure proceeding, when a default judgment has been entered against the mortgagor and the note or mortgage provides for the award of reasonable attorney’s fees, it is not necessary for the court to hold a hearing or adjudge the requested attorney’s fees to be reasonable if the fees do not exceed 3 percent of the principal amount owed at the time of filing the complaint, even if the note or mortgage does not specify the percentage of the original amount that would be paid as liquidated damages. Such fees constitute liquidated damages in any proceeding to enforce the note or mortgage. This section does not preclude a challenge to the reasonableness of the attorney’s fees.

2 Comments

  • Dan Scarborough says:
    July 23, 2011 at 1:31 am

    Matt,

    Please “simplify” this entire post.. the last two parts especially. What does this mean to us “non-attorneys”?

    Reply
  • Little piggy says:
    July 23, 2011 at 11:05 am

    Our attorney tried in a MSJ and mediation to request a bondholders committee. Both the attorney at mediation and the judge at the MSJ ignored that request.

    The bank absolutely refuses to have any interaction with their CUSTOMERS. In conversions with other folks in my position, we’ve come to the conclusion that the home owner is like an oil well. We are bowed to while we produce, but if we give the oil company any resistance we get capped and forgotten about to give them the ability to move to the next one.

    Reply

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