Foreclosure Defense Florida

Palm Beach Post: Scott Should Veto Foreclosure Legislation…And Bondi Works For The Banks

Apparently, it’s not just me that’s screaming about the sick political reality in Florida….newspapers are doing their job and actually reporting what’s occurring.   Here’s from Palm Beach Post:
The Legislature finally has passed a bill to ease Florida’s foreclosure crisis. The problem is, it’s a bad bill that Gov. Scott should veto.
Rep. Kathleen Passidomo, R-Naples, sponsor of House Bill 87, believes that giving banks the right to seek a quicker hearing would get the state’s 350,000 foreclosure cases resolved faster. Her approach might make sense if the banks weren’t causing the backlog by not acting on the cases they file.
Though some homeowners employ attorneys who are responsible for delays, the vast majority are at the mercy of lenders who set the timetable for how quickly cases move, or don’t move. It takes an average of two years to dispose of foreclosure lawsuits in Florida because too often lenders and servicers don’t want to assume the taxes, association dues and expenses to list a house for sale that they incur after taking possession. They also don’t want a glut of foreclosures depressing prices and furthering their losses. So they let cases languish. On Friday, the backlog prompted the Florida Supreme Court to order that trial courts hire magistrates, to move more cases.

One Comment

  • triumphant says:

    Matt, can you offer a “reality check” on the following quote from that Palm Beach Post article: “HB 87 would make banks prove that they own a mortgage, but existing law requires that already.” This statement appears to be dis-information.
    As I read HB 87, the bill does the opposite of what is stated above, i.e., foreclosing plaintiff need only plead that it is the current “holder.” I see no requirement for foreclosing plaintiffs to plead that they “OWN and hold” the subject notes and mortgages as current Florida Rules of Civil Procedure require (and as I recall, a previous version of this bill required). As such, the legislature is seeking to remove the “ownerhsip requirement” from foreclosure lititgation.

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