They are at it again. Our Florida legislators may attempt to tinker with the foreclosure system in the State of Florida to the detriment of all homeowners in the State of Florida. And this after such an effort failed last year.
There is no question that Florida’s courts are flooded with foreclosure filings and lawsuits. Our court system needs relief from all the filings.
As such, Florida lawmakers are flirting with plans to take foreclosures out of the judicial system. The proposed bill would allow banks to skip legal proceedings all together and have foreclosures proceed on a non-judicial basis. In other words, Florida’s judiciary would no longer have to rule on foreclosure disputes.
While taking foreclosures out of the judicial system may seem like a good idea, it is not.
This controversial piece of legislation would weaken the voices of the many distressed homeowners in Florida by depriving them of their basic due process rights to a hearing, and notice.
That is especially significant given the current climate of alleged foreclosure fraud. The issues stem from a direct result of allegations of robo signing, fraud, documentation errors, issues with process servers, problems servicing loan modifications, and other similar issues, which have prompted many lenders to slow down the foreclosure process.
But without basic due process rights to notice and a hearing many of these suspect practices may have never come to light. And many unsuspecting home owners would have lost their homes unnecessarily so as a result.
Florida has the nation’s second highest foreclosure rate, and is one of 20 states that require all foreclosures to go through the court system.
Court action isn’t needed in Michigan, Arizona, California and Nevada — other states with high foreclosure rates. On average, foreclosure proceedings in those states take from 392 days in Arizona to 511 in California.
In Florida it takes 638 days.
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We have been successful in defending many foreclosure cases when given an opportunity to develop a plan to properly defend the foreclosure.
Our Miami foreclosure defense lawyers have assisted many homeowners in buying enough time to reach the solution that is right for them. There are many alternatives to foreclosure, and often times it just takes proper planning to properly navigate against the potential pitfalls. Help is often available to those who seek it.
If you are on the brink of foreclosure, need a real estate attorney, or just need to assess your legal rights, please contact our office today.
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