Recently, Fair Foreclosure Act HB 87 has passed, it is currently awaiting Governor Rick Scott to sign or veto. Through this bill, it affords great authority to banks and corporate entities to speed up the foreclosure process.
The bill is touted as being fair, but the bill is anything but fair for the homeowner. Through this bill, it allows third party lien holders, a HOA (home owners association), can have the foreclosure expedited rather than using the traditional Florida court proceeding, currently required by State law.
Due to the housing market crash and subsequently the sharp rise in foreclosures has placed significant stress on the Florida court system. This bill is intended to alleviate that stress. Although, HB 87 takes away basic rights granted to Florida homeowners. Kathleen Passidomo introduced the bill as a way to help homeowners as banks and lenders must show that own the mortgage before any foreclosure actions can be taken. Consequently, the lender can provide any documents, and the court will accept them as to be fact. The homeowner has 20 days to prove the documents filed are false.
This provides unreasonable burden on the homeowner. The property owner now must seek legal counsel and all documents to defend themselves and their home within 20 days. The lender and corporate entity has already hired a lawyer and made the necessary preparations well in advance. The homeowner must scramble and make all the necessary preparations. This turns our legal system upside down as it makes the homeowner guilty until proven innocent.
Let Governor Rick Scott know that Fair Foreclosure Act HB 87 is a bad idea and has no place in Florida law. If you are in foreclosure or know someone who is contact us today, we can help!