Foreclosure Defense Florida

URGENT CALL TO ACTION! House Bill 87- The Destruction of Due Process In Florida Foreclosures

Due process is the legal requirement that the state must respect all of the legal rights that are owed to a person




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?



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.




One Comment

  • Deborah says:

    I am a Florida Realtor and just lost a case to Bank Of America, They had a fully executed contract for the full price and foreclosed on the home. Do I have any way to fight for my commission, Also the Judge did not understand the equator process and so it be He did not allow to vacate and go ahead with the sale
    This was 8 months I worked on this home,open houses every weekend
    time and expense,Realtor’s have no protection when the bank lies and wipes out all my data from the equator If thaey had nothing to hide they would of not done so.

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