Due process is the legal requirement that the state must respect all of the legal rights that are owed to a person
WATCH VIDEO HERE
Once again, the Florida Legislature is moving to consider legislation that would dramatically alter the rights of consumers in foreclosure. Once again, this legislation is a bad idea for Florida and a bad idea for all Floridians, not just those facing foreclosure.
One thing that’s different this year is that most everyone involved recognizes that this particular bill will not do much to solve the problems that are alleged. When I first began traveling to Tallahassee to fight for the cause of consumer justice, the legislators believed the problem with foreclosures was “deadbeat homeowners”. The climate at that time was very, very ugly. Last year things had changed. Most legislators who took the time to talk to their judges recognize that bank delays…and frankly….bank efforts to work with the members of their community were the reason for foreclosure delays.Think about that:
Banks are working with Floridians, often providing modifications or other solutions….and this is a problem?
It does not take 843 days or anything like that to foreclose…it can be done in less than 6 months…..if the plaintiff chooses to. So why are they not choosing to slam Floridians out into the street more quickly?
Banks are working with Floridians, often providing modifications or other solutions….and this is a problem?
READ HOUSE BILL 87 HERE…MAKE SURE YOU READ THE ANALYSIS
As you read the bill, pay attention to the glaring ways in which your due process rights are impacted. As the most glaring and dramatic example, consider the provision titled, “Finality of Foreclosure Judgment“….understand that if the bank is crafty enough to commit fraud and cheat to get a Final Judgment…and you prove that in black and white….you could still NEVER, EVER, EVER GET YOUR HOME BACK.
Losing an entire legal remedy is the destruction of due process.
Homeowners must pay into the registry to defend, that puts a price on due process.
A party other than plaintiff could force your case forward, that diminishes due process.
A judge can order the expedited sale of your home, that certainly destroys due process.
CALL YOUR REPRESENTATIVE AND SENATOR TODAY, TELL THEM NO ON 87
