Florida Mortgage Modification Lawyer Blog

Recently, a new bill has been introduced in Florida. The Bill is called: Florida Consumer Protection and Homeowner Credit Rehabilitation Act. This is one of the most Anti Consumer Bills that I can recall.

The Florida Bankers Association presented this bill to Florida legislators. This bill is designed to kill the due process rights of Florida homeowners by changing us from a judicial foreclosure state to a non-judicial foreclosure state.

The act, titled The Florida Consumer Protection and Homeowner Credit Rehabilitation Act, really needs to be read by all 18 million Florida residents. If passed into law, foreclosure lawsuits would be a thing of the past.

Continue reading " Florida Consumer Protection and Homeowner Credit Rehabilitation Act " »

Please allow this to serve as a response to Mr. Alex Sanchez’s Guest Opinion. I will address Mr. Sanchez’s arguments one at a time, but before I do, a little bit of reality needs to be served up. Let’s start with what’s really going on in Southwest Florida.

There are predictions that we will see another 3.5 to 5.5 million foreclosures in the United States in the coming years, and Florida will continue to be at the top of the foreclosure lists, and yes, that will keep the real estate market depressed. This is the only point on which I agree with Mr. Sanchez.

There is no doubt that unless something dramatic happens, our real estate market will remain depressed for quite some time.

Continue reading " Non-Judicial Foreclosure Is Ridiculous Part I " »

Non-judicial foreclosure is not the answer to the Florida foreclosure problem. The answer to the foreclosure problem is open communication between a lender and a homeowner. The Florida Supreme Court recently addressed a problem that the Florida Governor and the Florida Legislature have been ignoring for several years.

The Florida Supreme Court established a task force to study the foreclosure problem, and the number one problem the task force found was a communication problem. It seems that the foreclosure task force ignored the people dealing with those lenders associated with the Florida Bankers Association. Lenders with the Florida Bankers Association work for months and months with its borrowers.

Continue reading " Non-Judicial Foreclosure Is Ridiculous Part II " »

Thirdly, Mr. Sanchez states that the current judicial process in Florida takes one to two years. Where is the factual basis for this statement? Sure, some foreclosures last a year or two but that is not the result of the homeowner. Usually, it is because the lender cannot prove its case to the Judge. Yes, there are unopposed cases where the lender cannot prove its own case, and the case has to be delayed. How pitiful is that? A lender files a foreclosure action to take someone’s home away, is unopposed in Court, and still cannot prove its case.

Another problem in the Florida Court’s right now is lenders that are cancelling the foreclosure sale because they do not want the property back in their name. So, rather than conduct the foreclosure sale, the attorneys for the lender are instructed to cancel the foreclosure sale, thereby leaving the homeowner as owner of record, and therefore, liable for the taxes and maintenance of the property.

Continue reading " Non-Judicial Foreclosure Is Ridiculous Part III " »

It is ultimately the lenders decision whether to deny a modification. It is the lenders who decide not to allow a principal reduction. It is the lender who decides not to lower the interest rate. It is the lender who shuts off communication with the homeowner. It is the lender who decides at what price a short sale will be allowed.

Mr. Sanchez then switches his argument to investors and flippers, and his argument is vague and ends with a flippant comment. He attempts to bolster his argument by alluding to the amount of homes in foreclosure that were purchased by speculators. Yet his argument fails to gain strength, and in fact becomes fractured.

If his argument is that speculators are not entitled to their day in Court, then, wouldn’t the same hold true for other types of cases. Maybe there are too many small claims cases, in his opinion, or maybe he feels there are too many criminal cases in the Court system. Why do they have to be in Court? My only comment to Mr. Sanchez on this point is that I think investors and flippers are still entitled to their day in Court, and the law in the State of Florida guarantees this proposition.

Continue reading " Non-Judicial Foreclosure Is Ridiculous Part IV " »

Ladies and Gentlemen:

A bill was introduced by Florida Senator, Dave Aronberg, which would make mediation an option in mortgage foreclosure cases where the foreclosure is against a homestead.

Here is the story:

Continue reading " Mediation of Foreclosures One Step Closer " »

Recently, WINK News did a story on one of our clients. This is no ordinary client. He and his wife are professionals, and they properly documented this story. Each and every word of what this gentleman states is true. I just wish WINK could have aired the entire interview. My hat is off to WINK for covering this timely and informative story. I'm sure there are many more out there. Take a look, you are not going to believe it.

Continue reading " Mortgage Modification Fails Because of 40 Cent Bank Error " »