Florida Foreclosure Cases Will Still Head to Court

In a victory for all Floridians, a piece of legislation that was backed by the Florida Banker’s Association died today in the Florida House of Representatives.

The controversial piece of legislation would have weakened the voices of the many distressed homeowners in Florida by depriving them of their basic due process rights to a hearing, and notice. If this bill had passed, the balance of power on foreclosures would have swung almost entirely in the bank’s favor, leaving the homeowner with little to no recourse to fight to save his home.

As reported in the Miami Herald, the Florida House of Representatives Criminal and Civil Justice Policy Council ended its session without hearing the controversy foreclosure bill.

The proposed bill would have allowed banks to skip legal proceedings all together unless the homeowner requested that the foreclosure go through the legal system. Such a bill would only further the struggles many homeowners are experiencing by significantly shortening the foreclosure process thereby making it more difficult to save the home.

Of significance, the proposed bill would have allowed homeowners to go to court, and avoid the non-judicial foreclosure process, only if they made a request within the first 20 days of the foreclosure process. That particular provision is indicative of the importance of immediately contacting our office upon receipt of any foreclosure related papers so as to best assess what options you may have to defend the foreclosure.

This fight, however, is not over. The banks will again attempt to pass this bill through the current legislative session. Please check our blog frequently for updates regarding this important piece of legislation.

If you, or a loved one, are facing foreclosure, please contact us today to discuss your situation in greater detail.