Foreclosure Defense Florida

Upate- NBC News Broacast on Anti-Consumer Foreclosure Bill

Check out Bay News 9’s latest update on the Foreclosure Bill!

(click here to watch news video)

Tuesday, April 13, 2010:

BAY NEWS 9 — Florida lawmakers are looking at a bill, the Homeowner Relief and Housing Recovery Act, which would allow some homeowners to go through the foreclosure process without going before a judge.

Attorney Matthew Weidner said the proposed law would make the foreclosure process faster and easier for banks, but that some people will give up their rights if the bill becomes law.

“It removes judicial oversight in the foreclosure process,” Weidner said. “Right now if a bank wants to come and take your home, or a legislator’s home for that matter, they have to go through a judge. A judge that we elect. A judge that’s fair and is independent. What the bankers want to do is to remove that fair and independent judicial oversight of the foreclosure process.”

But state Sen. Michael Bennett (R-Bradenton), who’s sponsoring the bill in the Senate, said some homeowners want the non-judicial foreclosure option. Bennett also said the program is voluntary.

“We actually have a lot of homeowners who, if they could get away from the deficiency, would be very happy to walk away from the whole deal,” Bennett said. “But we want to make sure that if they still want to go to court, that if they still want to fight it, they can still have that opportunity. So, it’s strictly a voluntary thing by the mortgagee.”

Similar bills are making their way through House and Senate committees.”

Watch the Bay News 9 Video below:

Video:   Homeowners Relief Act

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  • Andrew says:

    Didn’t this die today?

  • divemedic says:

    I love how he claims it is voluntary. It will be voluntary like getting comp and collision insurance in order to get a car loan is voluntary- it will be buried in the fine print of the mortgage or note, and the lender will refuse to lend without it, or will simply file a “lost note affidavit” to cover up the fact that it was never there in the first place.

  • Alina says:

    Senator Michael Bennett – Shame on You.

    There is nothing whatsoever voluntary about this bill. If a homeowner plays “nice” and moves out quietly then they will not have to worry about a definciency. However, any homeowner who chooses to contest a foreclosure action will be assessed attorney’s fees and a deficiency judgment.

    Oh, and let’s not forget the fact that the onus of proof will rest with the homeowners. As we all know, here in the State of Florida the foreclosure mill law firms are fabricating documents just to be able to confer standing on the foreclosing entity. Standing which they do not legally have. So the homeowner will have a slim to none chance of proving the foreclosure is wrongful if the documents have been fabricated to show otherwise.

    Senator Bennett, please take a really hard look at this bill. It is bad, extremely bad legislation. The template for the bill you are proposing has been around since 2002. No state in the union will touch this bad legislation. Not even the federal government will touch it.

    I do not believe that, as your legacy, you want the decimation of the State of Florida.

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