Foreclosure Defense Florida

The Florida Bar News On Foreclosures…

foreclosure-progressWhat I find most interesting about this article is how many references are made to “bad” practice, yet not a word is spoken about the long term consequences or the actions that are proposed to deal with the wrongdoing which will prolong this crisis….The Bar seems totally tone deaf on this issue….

An affidavit signed in California, but notarized in Minnesota, is hard for a judge to ignore “” even when the foreclosure is uncontested.

That testimony was part of a presentation to the Senate Banking and Insurance Committee in December by judges and lawyers toiling in Florida’s foreclosure morass.

The courts are making progress in tackling the huge backlog of foreclosure cases “” thanks in large part to supplemental legislative funding “” but defective paperwork is still a big problem, and another wave of home foreclosure filings looms on the horizon.

The judges said faulty and fraudulent documentation is the main cause of delays, and the courts are bracing for an anticipated deluge of commercial foreclosures in the coming year. Court officials also discussed the limitations of the Supreme Court-ordered managed mediation program.

Florida Bar News

One Comment

  • Attorney Wendy Alison Nora says:

    I am completely confused by this article. Is the point to get the homes foreclosed efficiently with the appearance of due process? Where is the obvious solution that if a purported lender starts an action with fraudulent paperwork that the foreclosure must be dismissed with prejudice? That would clear up the docket very quickly. I think that fraud on the court is the most obvious reason for dismissal with prejudice that exits in law and equity. What do the courts propose to do? Delay the proceedings waiting for new fraudulent paperwork that “looks” better?

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