The Fair Foreclosure Act... Its anything but fair!

 

 Any plan designed to speed up the foreclosure process in Florida and uncork the bottleneck of paperwork jamming up the court system may sound like a good idea at first. After all, who wouldn't want to see the last several years of this foreclosure crisis become nothing more than a distant memory?

But just below the surface of a recent bill introduced in the Florida House of Representatives called "The Fair Foreclosure Act," and you'll find a plan that's anything but fair, at least for those facing foreclosure.

House Bill 87 allows third-party lien holders, such as homeowner associations, to direct foreclosures through an accelerated process rather than through a normal court proceeding required by Florida law.

But instead helping distressed homeowners, House Bill 87 basically strips them of basic legal rights. The bill acts sort of like plumber, pushing foreclosures through the drain and turning the legal system upside down.

Homeowners should be given their day in court before they are thrown out of their homes. Even criminals are innocent until proven guilty in the court of law

Florida State Rep. Kathleen Passidomo, who introduced the bill, would argue that it protects consumers by ensuring that banks and lenders prove they own a mortgage before they can file a foreclosure action. What she doesn't say is that the banks will be allowed to provide these certifications and the court will have to accept them as being truthful.

Also, to add insult to injury, they are only given 20 days to challenge the bank, hardly enough time to find a lawyer and track down other documentation to prove a wrongful foreclosure.

Missing documents, fraudulent assignments, fraudulent notaries, forged documents, are we really going to trust the same banks that fueled the foreclosure crisis by creating false documentation in the first place to do the right thing this time? Sadly, once again, lawmakers are looking to allow the fox to guard the hen house. If House Bill 87 passes, banks will continue to be allowed to get away with fraud, just as long as they are able.

If you are stuck in a situation like this or you are in the pre-foreclosure or middle of the foreclosure process contact Tina El Fadel, the head of the foreclosure division at KS Attorneys at Law directly at (561) 939-8042.