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Foreclosure Defense Florida

The Banks Are Moving Quickly To Turn Florida Into a Non-Judicial State- HELP NOW!

Florida Attorneys Defending Homeowner Rights Will Be Traveling to Tallahassee on Wednesday April 21, 2010 to Urge Members of Both Houses Not to Vote on Anti-Consumer Foreclosure Legislation.   The Bankers Are Moving Faster and Will Vote to Have This Legislation Approved This Week.

If you are a consumer…drop what you’re doing and contact the members below….tell them NO TO THE BANKS AND NON-JUDICIAL FORECLOSURE!

Attached here is the Staff Analysis for House Bill 1523 that is set to turn Florida into a non-judicial state.   Due to a few provisions, the practice of foreclosure defense will be severely curtailed. From the Analysis:

As to homestead residential real property, the complaint must be filed within 45 days of receipt of the notice of foreclosure.   The complaint must state a bona fide defense to the foreclosure, and must include a certificate under oath certifying that the complaint is not being filed for the purpose of delay.   If the court finds that the complaint was filed solely for delay, the court must dismiss the action.

If the debtor is represented by an attorney, the attorney filing the action must certify to the facts represented by the debtor.   A lawyer representing a debtor in such action must also, in writing, inform the debtor that electing court action means that the debtor may be subject to a deficiency judgment and a negative credit rating.   The writing must be acknowledged by the debtor.   The bill provides that failure to provide this notice is “negligence per se.”   If the court finds that the affidavits are false or without a reasonable basis, the debtor and his or her attorney are jointly and severally liable for the costs and fees of the foreclosing creditor.

This bill is a HUGE gift to the lenders and banks I’ve dedicated my life to fighting.   They are engaged in systematic and widespread fraud as they march across the state trying to take people’s homes in many cases lacking the proper evidence to do so.   They apparently can commit fraudulent and criminal acts and apparently do all of this with no fear of any consequences.   Now, in an effort to squelch attorneys who defend homeowners, they want to place unheard of liabilities on Defense practitioners….this will severely limit the defenses homeowners will be able to raise.


Below are the Tallahassee numbers for the members who sit on the committee that is set to consider this bad legislation today.   It only contains their Tallahassee numbers and no faxes.   If someone could get email addresses and fax numbers both for Tallahassee offices and their districts back home that would be most helpful.   They meet today beginning at 1:00 p.m. please try to get your calls in and register disapproval before then…contact the newspapers for their districts as well.

Capitol Office
417 House Office Building
402 South Monroe Street
Tallahassee, FL 32399-1300

Domino, Carl J. (R)       Chair 850-488-0322
Weinstein, Michael B. (R)Vice Chair 850-488-1304
Soto, Darren (D)       Democratic Ranking Member 850-488-9240
Eisnaugle, Eric (R)       850-488-9770
Fetterman, Adam M. (D)       850-488-8749
Flores, Anitere (R)       850-488-2831
Frishe, James C. (R)       850-488-9960
Gibson, Audrey (D)       850-488-7417
Gonzalez, Eduardo (R)       850-488-1683
Grady, Tom (R)               850-488-4487
McKeel, Seth (R)       850-488-9890
Murzin, Dave (R)       850-488-8278
O’Toole, H. Marlene (R)       850-488-5991
Poppell, Ralph (R)       850-488-3006

De La Paz, David       Staff Director
Ingram, Michele       Administrative Assistant

There is no Senate analysis of this bill yet, but it will be considered during the Senate Commitee meeting, on TUESDAY, APRIL 13, 2010.   Following are contact numbers for these members, please contact them and demand they vote against Senate Bill 2270!

320 Knott Building
Mailing Address:
404 S. Monroe Street
Tallahassee, FL 32399-1100
(850) 487-5361 / Senate VOIP 5361



  • Alina says:

    We are all trying to stop a speeding train. I propose a derailment. I beleive Mr. Weidner that becoming well-versed in bankruptcy law will be extremely beneficial. Please do not misunderstand me. I am not saying that we should give up the fight to stop this bill, but I am being realistic. This bill will pass and thus, we need to to find an alternate route to help homeowners, i.e., bankruptcy.

    I know many homeowners are averse to BK because of the negative impact on their credit. but face it, if you are facing foreclosure, your credit is pretty much mud anyway.

    By filing for BK protection and listing the note as an unsecured debt, you will force the foreclosing entity to prove it has standing. As we all know, the note and the mortgage were bifurcated, levaing the ntoe unsecured. There is sufficeint BK case law out there to support this position. We all know that the real reason the Republicans are pushing this bill through the legislature is because they cannot verify the truthfulness of the assertions made in a foreclosure complaint.

    Therefore, we force their hand, play their bluff. Additionally, the doors to state courts are virtually closed to homowners due to massive increase in filing fees as well as the fact that under this new bill, if a homeowner contests the foreclosure, they will be facing massive penalties.

    The legislators cannot, however, prevent homeowners access to federal courts.

    I, for one, am brushing up on bankruptcy law. All is not totally lost.

    • This is another slap in the face from big business and these corrupt politicians with their special interest…themselves and their bank accounts.

      The reason these banks are moving so quickly on this is because they know they are dead in the water if foreclosure defense continues to gain momentum the way it has been not only in Florida but across the country.

      The banks know the have committed fraud and predatory lending and are now trying to sweep it under the rug like every other criminal act they commit. It makes me disgusted to see they people in power and how the legal system means nothing to them. Lets face it….if these criminal acts continue to happen across our country….the entire system will fail and shut down.

      It is one lie after another….Matt Weidner…Please keep up the fight…it is patriots like you that give us all hope.

      Adam Ackerman

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