I hope that the state of Florida has
kept the bridges in good repair, because an increasing number of
families will soon be living under them. Thank you, Governor Rick
Scott. The governor could not find it in his heart to veto the so
called foreclosure reform bill that is set to expedite Florida
foreclosures. In that same bill - House Bill 87 - which was signed
into law on June 7, is a provision that makes it easier for landlords
to evict their tenants. So between the expedited foreclosures and the
easier evictions -- space under the bridges will be at a premium.
Welcome to Florida.
An article on the Florida Bar's site - "Plan in Place to Work Foreclosure Backlog" by Gary Blankenship -
which is dated, June 1, 2013, but which was actually published
several days prior to June 1 shows a partial break down of how the
money is being allocated. (I found the article a few days prior to
June 1, and found it so interesting that this article predicting the
governor's signing of the Foreclosure Reform Bill appeared before the
date displayed. They must have a powerful crystal ball!) The Florida Bar article states:
"The Office of the State Courts Administrator broke down the authorized spending:
* It includes $16 million for the courts to pay for increased use of senior judges, general magistrates, and case managers to help dispose of foreclosures. Another $5.3 million was allocated to the state courts system to pay for technology to help handle foreclosures. Those monies can be spent over two years.
* A total of $9.3 million is designated for county clerks of courts to help courts with foreclosure paperwork.
* Another $10 million is set aside for legal aid agencies to help low- and moderate-income homeowners threatened with foreclosure."
Apparently the foreclosure courts, in
an effort to expedite the proceedings, are taking a page from family
court in using general magistrates. In family court general
magistrates are attorneys appointed by the chief judge to hear
uncontested matters. And if history is any indicator, those hearings
are not as fair as they might be. Read more - Baby
Mama Drama? You can make it stop.
And now for the homeowner in
foreclosure the rules just got harder to follow and understand. The Bill Analysis explains the Show Cause Procedure as follows:
"Show Cause Procedure
The bill makes several revisions to the show cause process. The
bill provides that after filing a complaint, the plaintiff may
request an order to show cause for the entry of final judgment, and
the court must immediately review the request and the court file in
chambers without a hearing. If the complaint is verified, complies
with the requirements in s. 702.015, F.S., and alleges a cause
of action to foreclose on real property, the court must issue an
order to show cause why a final judgment of foreclosure should not be
entered to the other parties named in the action. The bill adds a
number of elements that must be included in the court’s order to
show cause that is sent to the other parties named in the action. The
court must set a hearing no sooner than the later of 20 days after
service of the order to show cause or 45 days after service of the
initial complaint. The hearing is no longer required to be held
within 60 days of the date of service, as required by current law.
The bill specifies that the Legislature intends that the alternative
show cause procedure may run simultaneously with other court
proceedings."
And the Florida Bar article quoted and linked
above also states:
"Show cause hearings in
foreclosure cases will use the summary judgment standards to speed
the resolution of foreclosure cases, and at those hearings defendants
will have to claim a specific, allowable defense to forestall the
foreclosure. Critics of the bill said defendants would have
inadequate time to conduct discovery, noting in other civil cases
summary judgment comes well into the case and after discovery..."
And the Florida Bar article
continues to say:
"Critics said it rewarded
banks which had flooded the courts with faulty paperwork and limited
the ability of homeowners to defend a foreclosure. They argued that
there would be no untimely delays if banks filed the proper paperwork
and pursued cases instead of letting them languish."
You're preaching to the choir.
Homeowners whose foreclosures have been dormant for years are now
receiving notices to appear in court, often for a hearing on the
plaintiff's motion for summary judgment and attorneys fees. For the
years that the foreclosure action was languishing in legal limbo due
to the inaction of Plaintiffs, attorneys fees, late payment fees, and
unpaid mortgage payments have grown to insurmountable levels.
Its going to get crowded
underneath the bridge.
Carol Rosenblatt,