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Foreclosure Defense Florida

The Most Important Notices That Have NEVER Been Sent in a Foreclosure Case (SCRA)

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Men and who put on a uniform and serve our country have a special place in my heart.   I have said it before and I continually state it,

If you serve in the military and you face foreclosure, I will consult with you for free. Above and beyond me, the honorable and dedicated attorneys that are fighting for real Americans will stand up and fight for soldiers.

As Americans, we simply cannot allow a single soldier or that soldier’s family to suffer the stress and anxiety of litigation while they are working to protect and defend our nation.   The good attorneys that are out there fighting for Americans all across this country will stand up to protect soldiers, because,   according to the Administrative Office of the United States Courts:

The purpose of the SCRA is strengthen and expedite national defense by giving servicemembers certain protections in civil actions. By providing for the temporary suspension of judicial and administrative proceedings and transactions that may adversely affect servicemembers during their military service, the SCRA enables servicemembers to focus their energy on the defense of the United States.

It is critical to keep this intent in mind anytime issues relating to the SCRA are being discussed, yet far  too often this important fact is overlooked or not considered.   But there is an axiom of American jurisprudence that we would rather ten guilty men go free than to have one innocent man be convicted.   I would suggest that we owe no less a duty to the men and women in uniform are owed no less than this treatment.

But on a very practical and concrete level, HUD regulations provide that every homeowner in default must receive an SCRA notice.   I have reviewed untold thousands of foreclosure lawsuits and I can say that I have never ever seen one of the notices described in the attached HUD regulations….read on and consider what this means…

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2 Comments

  • MARSHAMAINES says:

    I STATED THE ONLY PERSON I WOULD CONSIDER AS COUNSEL, WOULD BE MATT WEIDNER, OTHERWISE, I SEEM TO DO BETTER ALL BY MYSELF, PRO SE. ORDERED:
    1. The parties are directed to mediation, pursuant to the mediation procedures set forth
    in M.D. Fla. L.B.R. 9019-2, on the issues raised in the Debtor�s motions for injunction, contempt
    and sanctions against Samuel I. White, P.C., and Bank of America, N.A., and BAC Home Loans
    Servicing, LP (Doc. Nos. 142, 152, 128 and 130).
    2. The Honorable Anthony E. Porcelli (�Judge Porcelli�), in his official capacity as a
    United States Magistrate Judge for the United States District Court for the Middle District of
    Florida, is hereby appointed as judicial mediator in this proceeding.
    3. The parties are ordered to comply with such requirements with respect to the
    mediation as may be imposed by Judge Porcelli regarding a pre-mediation conference, mediation
    submissions, or otherwise. Counsel for the Debtor shall forthwith contact Judge Porcelli�s chambers
    to inquire about such requirements and communicate such requirements to other counsel.
    4. Each party shall attend the mediation with counsel and the individual client or
    corporate client representative with full and absolute authority to agree to a mediated settlement. If
    an impasse is reached with respect to the mediation as a result of the failure of a party to comply
    with this requirement, such party shall be liable for sanctions to include payment of all fees incurred
    by the other parties to this proceeding in connection with the mediation.
    5. The mediation shall be completed by October 31, 2011.
    6. The Court requests that within five days following the conclusion of the mediation
    conference, Judge Porcelli file a mediation report indicating whether all required parties were
    present and had authority to settle the proceeding. The report shall also indicate whether the
    proceeding settled, was continued with the consent of the parties, or whether the mediator was
    forced to declare an impasse.
    DONE AND ORDERED

  • terree says:

    God bless you sir for your stance you are taking for the very people that watch over us.

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