Let's face it; establishing a fair foreclosure act--sounds good right? It should be. But things are not always as they appear to be. The proposed Florida Fair Foreclosure Act of 2012 is anything but fair.
In 2010, some of our Florida legislators tried to push the passage of legislation designed to speed up foreclosures -making Florida a non-judicial state touting it would rid our state of foreclosed homes -by removing the homeowner's right to due process.
They are BACK! And they are not alone. They are armed with a crafty new bill with an even craftier title: The Florida Fair Foreclosure Act of 2012.
Sounds like perfect sense, the troubling part is -this proposed legislation has none.
The proposed legislation poses serious flaws that if not corrected before its passage, can have even more serious consequences.
Legislation, like our elected officials, should say what they mean, and mean what they say. But we all know that's not the way politics works -or doesn't. When proposed bills are rammed into legislation before making sure the words lying inside match the implied message (and intent) -trouble will follow
To understand the ridiculous nature of this legislation -consider this: predatory mortgage servicing and foreclosure practices continue to go undeterred and unaddressed.
The FL legislators who introduced earlier versions of this bill, or who spoke out in favor of earlier bills, all say they want to clear the backlog of foreclosures in the courts while establishing a procedure that's fair and that gives people the due process they're entitled to.
The introduction to the 2012 Fair Foreclosure Act bill - which is still in draft (since the legislature isn't in session for 2012 yet) - says, "The public interest is served by moving foreclosure cases to final resolution expeditiously, in order to get real property back into the stream of commerce." That sounds very nice, but there's one problem: predatory practices, fraud and accounting "mistakes" rob people of their homes every day. Without the right to judicial review, the mortgage and foreclosure industries would be free to rob people of their homes more efficiently and faster, and those homeowners would have less recourse and might even have to fork over attorney's fees if they dare to fight the wrongful foreclosure.
60 Minutes aired an expose that showed how robo-signers were hired to sign and notarize thousands of fabricated documents unlawfully -the same documents that foreclosure firms would then, without flinching, effectively submit to our courts across the country as sworn legal documents. These practices have not stopped. These actions have brought about a number of class actions and civil lawsuits, and caused attorney generals from all 50 states to launch their own state investigations into fraudulent foreclosure practices.
While these investigations and lawsuits continue today, it's remarkable that some Florida legislators would even consider opting to re-group and re-launch any efforts to make Florida a non-judicial foreclosure state. Put simply: If the bank says you're wrong and they're right, they take your home and you don't have the right to have your side heard by a judge. They are the judge, jury and evictioners who can put you on the street, whether or not you deserve to be.
In America, we don't lock someone up without a fair trial. We shouldn't lock someone out of their home without giving them their right to the same fact-finding process. In many cases both here in Florida and across the nation, homes have been admittedly wrongfully taken or stolen. Innocent homeowners of all ages, including military families, elderly and the physically disabled, have been threatened and pushed through a unjustified foreclosure process. Some lost their homes, but others, had a judge help save them and their home.
Some people might not understand the true ramifications of not having a Judge to turn to before being put out of your home. To those who believe that allowing banks to move swiftly to take over someone's home is the ideal way to recover from this foreclosure crisis: Be careful what you wish for. Too many innocent Floridians and people all across this country have been wrongfully evicted from homes.
Other people say -hey, pay your mortgage and this wouldn't be a problem. If only that were true! People who have paid every single dime of their mortgage on time continue to find themselves fighting to save their home from an illegal foreclosure whether brought about by mishandled accounting or outright fraud. Do we just continue to let them foreclose first -ask questions later? Let them continue to say: "Oops, sorry -my bad?"
Be warned -- if these legislators get their way, and the "(un)Fair foreclosure Act of 2012" passes, a U.S. marshal or process server may one day be at your door, changing the locks and putting you on the street -whether or not you have the documentation to prove you shouldn't be. And you, just like all those before you, may find yourself shaken awake to reality left to fight your real-life nightmare: an unfair, undeserved, unexpected and unlawful foreclosure.
I am not sure what's more upsetting -that our legislators would consider such an unfair legislation -or that they would title it to appear as though it is fair and benefits ordinary people when it does not. Don't let this legislation pass. Homeowners shouldn't have to shoulder the weight of corporate wrongs by losing their homes, or putting them at risk, as yet another way taxpayers pay for bad corporate behavior.
The FL Fair Foreclosure Act is anything but fair.
Read the bill and sign this petition -then share the truth: Fair is fair -but this bill is not!
Watch the below video and hear how Florida consumer attorney Matt Weidner views this proposed legislation.
In 2010, some of our Florida legislators tried to push the passage of legislation designed to speed up foreclosures -making Florida a non-judicial state touting it would rid our state of foreclosed homes -by removing the homeowner's right to due process.
They are BACK! And they are not alone. They are armed with a crafty new bill with an even craftier title: The Florida Fair Foreclosure Act of 2012.
Sounds like perfect sense, the troubling part is -this proposed legislation has none.
The proposed legislation poses serious flaws that if not corrected before its passage, can have even more serious consequences.
Legislation, like our elected officials, should say what they mean, and mean what they say. But we all know that's not the way politics works -or doesn't. When proposed bills are rammed into legislation before making sure the words lying inside match the implied message (and intent) -trouble will follow
To understand the ridiculous nature of this legislation -consider this: predatory mortgage servicing and foreclosure practices continue to go undeterred and unaddressed.
The FL legislators who introduced earlier versions of this bill, or who spoke out in favor of earlier bills, all say they want to clear the backlog of foreclosures in the courts while establishing a procedure that's fair and that gives people the due process they're entitled to.
The introduction to the 2012 Fair Foreclosure Act bill - which is still in draft (since the legislature isn't in session for 2012 yet) - says, "The public interest is served by moving foreclosure cases to final resolution expeditiously, in order to get real property back into the stream of commerce." That sounds very nice, but there's one problem: predatory practices, fraud and accounting "mistakes" rob people of their homes every day. Without the right to judicial review, the mortgage and foreclosure industries would be free to rob people of their homes more efficiently and faster, and those homeowners would have less recourse and might even have to fork over attorney's fees if they dare to fight the wrongful foreclosure.
60 Minutes aired an expose that showed how robo-signers were hired to sign and notarize thousands of fabricated documents unlawfully -the same documents that foreclosure firms would then, without flinching, effectively submit to our courts across the country as sworn legal documents. These practices have not stopped. These actions have brought about a number of class actions and civil lawsuits, and caused attorney generals from all 50 states to launch their own state investigations into fraudulent foreclosure practices.
While these investigations and lawsuits continue today, it's remarkable that some Florida legislators would even consider opting to re-group and re-launch any efforts to make Florida a non-judicial foreclosure state. Put simply: If the bank says you're wrong and they're right, they take your home and you don't have the right to have your side heard by a judge. They are the judge, jury and evictioners who can put you on the street, whether or not you deserve to be.
In America, we don't lock someone up without a fair trial. We shouldn't lock someone out of their home without giving them their right to the same fact-finding process. In many cases both here in Florida and across the nation, homes have been admittedly wrongfully taken or stolen. Innocent homeowners of all ages, including military families, elderly and the physically disabled, have been threatened and pushed through a unjustified foreclosure process. Some lost their homes, but others, had a judge help save them and their home.
Some people might not understand the true ramifications of not having a Judge to turn to before being put out of your home. To those who believe that allowing banks to move swiftly to take over someone's home is the ideal way to recover from this foreclosure crisis: Be careful what you wish for. Too many innocent Floridians and people all across this country have been wrongfully evicted from homes.
Other people say -hey, pay your mortgage and this wouldn't be a problem. If only that were true! People who have paid every single dime of their mortgage on time continue to find themselves fighting to save their home from an illegal foreclosure whether brought about by mishandled accounting or outright fraud. Do we just continue to let them foreclose first -ask questions later? Let them continue to say: "Oops, sorry -my bad?"
Be warned -- if these legislators get their way, and the "(un)Fair foreclosure Act of 2012" passes, a U.S. marshal or process server may one day be at your door, changing the locks and putting you on the street -whether or not you have the documentation to prove you shouldn't be. And you, just like all those before you, may find yourself shaken awake to reality left to fight your real-life nightmare: an unfair, undeserved, unexpected and unlawful foreclosure.
I am not sure what's more upsetting -that our legislators would consider such an unfair legislation -or that they would title it to appear as though it is fair and benefits ordinary people when it does not. Don't let this legislation pass. Homeowners shouldn't have to shoulder the weight of corporate wrongs by losing their homes, or putting them at risk, as yet another way taxpayers pay for bad corporate behavior.
The FL Fair Foreclosure Act is anything but fair.
Read the bill and sign this petition -then share the truth: Fair is fair -but this bill is not!
Watch the below video and hear how Florida consumer attorney Matt Weidner views this proposed legislation.
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This bill isn't surprising to me, we continue to fight for what's right or what's wrong in our country. YES i say NO to this bill it is TOTALLY unfair to our taxpayers. Continue to spread the message. VOTE NO to the FL Fair Foreclosure Act!!! There's nothing fair about IT!!!
The below link takes you to the REAL bill. Your link in your article refers to the 2011 bill text that died in committee.
http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h0213__.docx&DocumentType=Bill&BillNumber=0213&Session=2012
You ought to read and analyze it and rewrite about it. My spies tell me it has a really good chance of passing. It needs more scrutiny by the foreclosure victim support community.
Help defeat Passidomo! I'm running against her and I need everyone's help to win!
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This letter was sent to Rep Jason T Brodeur, Cong. John Mica, President Barack Obama and NOW we need the help of the media!
This Florida Fair Foreclosure Act must not be passed!!!
It is UNFAIR especially to those of us who have never been late on our mortgage payments!!!
We bailed out the banks and now if passed they'll allow the banks to kick us out of our homes!!
Where is our bailout???
We have worked for everything we have, it is not our fault that the economy took a dive, BUT, the banks HAVE had record breaking profits since we bailed them out!
45% of all Florida Homeowners are "under water" according to the guidelines in the new act, In my book it's an Act of injustice to All Floridians!
Please stop this Act in it's path or Florida will become a state of Tent Cities with all the People who will be kicked out of their homes. The same people who elected you to office!
Sincerely Terrified, Florida Resident Homeowners