A few months ago, I was contacted by members of the Florida Senate staff who were looking for input on how to improve the foreclosure process in Florida.
I realized fairly early in the conversations that there was no real interest or concern about preserving the integrity of the legal process or protecting the rights of both homeowners and other stakeholders in the process….the only real interest was in making the process of throwing families into the street quicker…..due process be dammed……
The work product released from Florida’s Senate reflects this singular focus. Take a look especially at the attached November interim report from the Florida Senate. The report demonstrates a slavish intent to throw the law and fairness….(you know how those things tend to slow down things) completely out the window.
Once again Florida’s Legislature is trotting out the tired old Uniform Non Judicial Foreclosure Act as part of their insistence on turning Florida into a Due Process Stripping, Rights Be Dammed state. The only problem….once again is they’re trotting out the Uniform Non Judicial Foreclosure Act, which is anything but uniform…it’s been around since 2002 and not a single state has adopted it….(non judicial foreclosure act)
Listen to the Audio of the presentation and hear the utter frustration on the part of Senators about the fact that the federal Dodd-Frank legislation would stand in their way of turning Florida into a non-judicial foreclosure state. Pity that when the banksters wrote the mortgage documents, those documents gave borrowers rights….like the right to have a judge adjudicate any disputes….it’s kind of a bedrock principle of American law that a legislature cannot change laws that impair private contract rights…..again with those pesky laws…..
Not surprisingly, the Senate report and the discussions contain hardly a mention of the systemic fraud that has plagued the foreclosure process nor any input from homeowner’s rights advocates (who needs any of that to get in the way of progress).
Also missing is any indication of the hours of input I provided. (how’s that for a legal process that’s fair to all?)
Please read through all the materials carefully….especially the November Meeting Package
