In order to deal with the various problems plaguing Florida’s real estate market State lawmakers are trying to tackle these issues in this year’s legislative session. Florida’s housing woes are very well known throughout the nation. This crisis has created issues with condo associations and affordable housing.
Here are some of the changes our lawmakers are considering:
Associations
In the last legislative session, the Florida legislature passed a law that allows condo associations to collect rent directly from the tenants of delinquent owners. It also allows associations to ban delinquent owners from using the common elements of a condominium such as a pool or gym.
However, associations are still in distress because paying unit owners must subsidize and carry the burden for those who are delinquent. As a result, legislators are considering a bill that would allow associations to cut off amenities such as cable and water that are paid for using association fees.
Would such a law help distressed condo associations? Its certainly possible, but a definite way to help condo associations would be to speed up the foreclosure process. Banks have been accused of delaying foreclosures on condos. They do this waiting for associations to foreclose on liens so that associations are stuck footing the bill for past-due association fees.
Foreclosures and Affordable Housing
The federal government is considering scrapping a handful of its foreclosure prevention programs, so some legislators feel that Florida needs to step up to the plate to address the side effects of the widespread foreclosures. One of these side effects is the shortage of affordable housing. Accordingly, the State is considering pumping money into vacant and abandoned homes and rental apartments rather than on new construction.
However, the most controversial of the foreclosure-related bills is a proposal which would give banks and lenders the option of conducting commercial foreclosures outside of court rooms. While this bill would certainly free up dockets for residential foreclosures, there should be a concern that due process provided by courtroom foreclosures is still guaranteed in extra-judicial foreclosures.
This same bill was proposed last year, and rejected by our law makers.
The proposed bill would allow 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 allow homeowners to go to court, and avoid the non-judicial foreclosure process, only if they make 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.
Consider Your Options. Contact Us Today.
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.
Call us today toll free at 1-866-518-2913 or at 305-263-7700.