The foreclosure mess passed by the Florida Legislature is not yet on Governor Scott’s desk, but when it gets on his desk he’s got 15 days to sign it into law, veto it or let it become law without his signature.
If it becomes law we will immediately appeal it. Promise. And so now the question is…
Will Governor Scott Sign a Bill That Will Surely Be Overturned on Appeal?
Florida’s corporation-only legislature crafted a bill that serves their corporate masters but which robs citizens and courts of important rights. We will fight to protect those rights.
From The Florida Current:
A local Palm Bay ordinance giving municipal liens on property superiority over mortgages was struck down Thursday by the Florida Supreme Court. However, a bill headed to Gov. Rick Scott’s desk could give local governments more power to address municipal liens. WRONG, WRONG, WRONG….THE BILL GIVES NO MORE POWER….A MISSTATEMENT OF THE LAW
The court upheld a 5th District Court of Appeal decision nullifying the ordinance, which states that Palm Bay’s liens on a property rank higher than a mortgage lien, even if the mortgage was entered into before the municipal lien. In a 5-2 decision, the court stated state laws preempt such local ordinances.
” Giving effect to the ordinance superpriority provision would allow a municipality to displace the policy judgment reflected in the Legislature’s enactment of the statutory provisions,” the ruling penned by Justice Charles Canady states. ” A more direct conflict with a statute is hard to imagine.”
