The New York Times published an article on how the State of Florida is dealing with the record amount of foreclosure actions. More importantly though, the article points a few reasons why its important to hire an experienced foreclosure defense attorney when facing a foreclosure.
Florida set aside nearly $10 million to organize foreclosure-only courts across the state. These courts are run by retired judges. While these courts have certainly helped speed up the foreclosure process and freed up dockets for other types of civil cases, foreclosure defense lawyers have expressed some concerns about how these judges run their court rooms.
Foreclosure defense attorneys, including the attorneys at our firm, argue that many of these judges are so intent on cutting down the foreclosure caseload that they may be unfairly siding with lenders at the expense of homeowners. Many of these judges simply ignore contradictory evidence and allow lenders to foreclose on properties that they have yet to prove they own.
We have commented on our own labors in many “foreclosure dockets” in the past. Often times, however, the foreclosure process simply favors the banks to the dismay of many distressed homeowners. For instance, if a homeowner is representing himself/herself, and fails to appear for court, the Judge often issues the foreclosure in the bank’s favor. However, if the bank’s lawyer shows up unprepared, then often times the Judge just lets the bank re-schedule the hearing to the homeowner’s detriment.
This video also discussed Florida’s “rocket dockets.”
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