Non-Judicial Foreclosure Is Ridiculous Part III
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.
On another note, Has Mr. Sanchez never heard of the rocket docket in Southwest Florida? CNN covered the rocket docket over a year ago, and the video was compelling. In the rocket docket, a person’s home can be sold on the Courthouse steps in as little as ninety (90) days, but it usually takes five (5) to six (6) months.
Next, Mr. Sanchez presents a feeble argument that due process has already been eliminated in the Florida Courts because the Circuit Judges are faced with huge case loads and “lawyers present stacks of cases to a judge” for final judgments. If we are to drink the cool aid that Mr. Sanchez is serving, we are to believe that because the Judge’s have huge case loads we should do away with decades of Florida juris prudence?
Please tell me you have a better argument than that? This is not an argument, it is a justification, and a feeble one at that. What message are we sending here? When it is time to step up to the plate and face the strike-out king, don’t worry, we will change the rules to make it easier for you and your attorneys.
First, let’s not forget that the Circuit Judges are on the front lines of this foreclosure process. They are the gatekeepers of the process and procedure. I cannot count the times that I have been in Court, and the Judge has stated that the mortgage companies paperwork is not correct.
I know that we have excellent judges in the Twentieth Judicial Circuit, and I have never witnessed one of these Judges shirk his or her responsibility in the Courtroom. So that argument that the Court system is being taxed does not hold water with this lawyer, and quite frankly, I find it insulting to the Circuit Judges of the State of Florida.
Mr. Sanchez: Are you really saying that the Circuit Judges cannot handle the case load or that you don’t want them looking at your paperwork? As an attorney who represents homeowner, I can tell you that this push for non-judicial foreclosure by the Florida Bankers Association is not because they are worried about over-working our Circuit Judges.
Next, Mr. Sanchez states that some homeowners just give up. That statement is outrageous, and as an advocate for the homeowner, I will state that an apology needs to be given for this generic statement. The homeowners who just gave up pulled up their stakes and left town a long time ago.
The homeowner who are still here are here because they want to save their homes. Homeowners don’t just walk away from their homes, they try and try, they work overtime, they call their lenders, they bend over backwards to save their homes, they will go without so they can pay their mortgages. They do whatever they can to save their homes and provide their families with some sense of stability. In my opinion, it is the lenders who drop the ball. Let us not forget who makes the final decision when it comes to a mortgage modification.
Click HERE to go to Part IV of this Article.
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.
