Florida Consumer Protection and Homeowner Credit Rehabilitation Act
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.
Foreclosures could be started and completed within ninety (90) days. The Courts would be eliminated from the process, and with that goes the homeowners rights to due process of law, a trial on the merits, the rules of evidence and the rules of civil procedure.
Even if homeowners hired an attorney to protect their legal rights, the attorneys would have no place to assert a factual dispute or a legal defense to the foreclosure because the forum where these arguments normally happen have been removed from the system. Well isn't that nice and neat.
After a lengthy review of the foreclosure problem by a Task Force created by the Supreme Court of Florida, the Supreme Court adopted a new mandatory foreclosure mediation program. This program is in response to the finding that there is no communication between the homeowners and the lenders. Therefore, this program would require a lender to sit down with a homeowner and discuss the issues in a neutral setting. The homeowner would get to speak directly to a decision-maker for the lender.
The Florida Bankers bill seeks to eliminate the mandatory mediation program. According to the Bankers Association, their members are bending over backwards to communicate with homeowners in an attempt to resolve the issues.
The bill's name is also a joke. Where is the protection being afforded to the Consumer? Where is the Credit Rehabilitation?
Does the Florida Bankers Association really believe that the people of the State of Florida are that stupid? Well, I'm willing to say: They must believe this because they let one of their representatives publish a guest opinion in the Fort Myers, News Press. Please click here for Mr. Alex Sanchez's Guest Opinion.
After reading the Guest Opinion, I took an opportunity to respond.
Non-Judicial Foreclosure Is Ridiculous Part I
Non-Judicial Foreclosure Is Ridiculous Part II
Non-Judicial Foreclosure Is Ridiculous Part III
Non-Judicial Foreclosure Is Ridiculous Part IV
Please enjoy a little light reading.
This post was submitted by Carmen Dellutri, Esq., founder of The Dellutri Law Group, P.A. Currently, the firm has offices in Port Charlotte, Fort Myers, Naples and Sarasota. Mr. Dellutri also sits on the Board of American Board of Certification. Mr. Dellutri is also one of the founders of the Bankruptcy Law Network, Debt Law Network, Credit Law Network, and Mortgage Law Network. Mr. Dellutri also writes for the firm's personal injury litigation blog. Mr. Dellutri also writes for the firm's other blogs: www.faircreditreportingactblog.com and www.fairdebtcollectionpracticesactblog.combankruptcy blog.
