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Foreclosure Defense FloridaGeneral Information

RED ALERT! SB1890- Will Florida’s Senators Support And Defend Foreclosure Crimes?


At an unusual late evening session, the Banking and Insurance Committee of the Florida Senate will take up consideration of two different versions of Florida’s foreclosure “reform”.   Both versions represent bad policy, bad lawmaking and bad political process.   But I have resigned myself to the sickening reality that something bad is coming.   It’s kinda like when you’ve heard the hurricane warnings for two weeks then you finally feel the first rain bands coming, you know it’s going to be bad, you’ve just got to wait to see just how bad.

Both versions represent attempts wrongful policymaking at the expense of the integrity of our state’s legal system, but everyone seems quite content to trash our courts, our property records and our very notions of being a society governed by the Rule of Law.   But the major debate that’s coming forward here is a tremendously huge public and legal policy decision that will have ramifications in this state for years to come.   There are two amendments or versions of the bill that will be voted on. The big thing we have to keep in mind is that the Richter Amendment contains a broad and expansive “GET OUT JAIL FREE CARD” for the bansters and their minions that caused all this mess.   The bottom line is the title industry and the banking industry know that they have been caught lying, cheating and committing crimes in our state’s courts and with our state’s property records.   It is quite simply perhaps the largest systemic organized crime spree ever witnessed in a society…..ever.   On Monday, Florida’s Senate Banking Committee will decide whether they applaud and reward a systemic crime spree by passing legislation that both recognizes and rewards the diabolical scheme.   The provision in Senator Richter’s bill is quoted as follows:

Starting at Line 96
Section 4. Section 702.036, Florida Statutes, is created to read:
702.036 Finality of mortgage foreclosure judgment.””
(1)(a) In an action or proceeding in which a party seeks to set aside, invalidate, or challenge the validity of a final judgment of foreclosure of a mortgage or to establish or reestablish a lien or encumbrance on the property in abrogation of the final judgment of foreclosure of a mortgage, the court shall treat such request solely as a claim for monetary damages and may not grant relief that adversely affects the quality or character of the title to the property if:
1. A final judgment of foreclosure of a mortgage has been 108 entered as to a property

Here’s why this is so, so very bad.   One of the few things that is forcing the Dark Side to exercise any little bit of restraint or responsibility or to show the court system and process any little bit of respect is the liability they could face after a foreclosure judgment if we finally catch them in lies, fraud, crimes and other gross abuses of the legal process.   This Section in Richter’s bill would remove any such restraint or impediment and would leave them all totally free to engage in the most grossly abusive and blatantly reckless conduct they cared to because A HOMEOWNER COULD NEVER MAKE   A CLAIM TO GET THEIR HOMES BACK!

Good judges could reject all the attempts by the banks to object to discovery, whistleblowers could come forward and testify about the fraud in document execution, the gross and blatant violations of notary laws, the felony violations of notary laws.   Attorneys general from states all across this country could file real charges against all the criminals and their criminal corporations AND A HOMEOWNER COULD NEVER GET THEIR HOME BACK!

Like they did in the Pino Appeal Brief, the title industry propaganda wants to convince our legislators that they need this provision to push all these cases through.   If they pass this, it will be just a black and white sign that this state has formally ushered in a disturbing wave of White Collar Criminal Lawlessness.   If Richter’s bill passes, Florida’s Senators will be directly complicit in the largest organized crime spree in the history of the state.   Knowing full well what these issues are, if they sign off on this version of the bill, they are making a bold and profound statement that they do not respect private property rights, but they approve and support all the myriad crimes committed by the document mills and the dark side.

It should also be noted that if there is to be any sense of justice or any sense of parity in this bill at all, homeowners who bother to defend their case should be exempted from the new Show Cause Proceedings. This can be accomplished with ONE simple word change as follows from Hays’ bill, similar in Richter’s bill:

Starting at Line 149:
3. State that the filing of defenses by a motion, responsive pleading, affidavits, or other papers or by a verified or sworn answer at or before the hearing to show cause may SHALL constitute constitutes cause for the court not to enter the attached final judgment.

Below are the two versions of the bills, Hays first then Richters.



Senator Garrett Richter (R)
Vice Chair:
Senator Christopher L. ” Chris” Smith (D)
Senator JD Alexander (R)
Senator Michael S. ” Mike” Bennett (R)
Senator Mike Fasano (R)
Senator Don Gaetz (R)
Senator Alan Hays (R)
Senator Gwen Margolis (D)
Senator Joe Negron (R)
Senator Steve Oelrich (R)
Senator Eleanor Sobel (D)





  • John says:

    How is the title industry involved in the crimes? What have they done to create this mess? Couldn’t the homeowner get their house back by repurchasing it? What about the windfall a party receives for breaching a contract and benefitting by living for free or collecting rent for years?

    • the title industry knew full well what games and crimes their title agents were up to. They chose to ignore the risks that they were underwriting because they wanted to collect the premiums from the foreclosure mills, and they will have to pay…oh, now I see who this is. The title industry failed to police their own. Who was the #1 producer????? And what did they do to reign him in? Hmm….I wonder how much in claims one foreclosure mill will cost certain underwriters???? And I won’t even respond to your other questions.

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