ALERT – Florida Banksters Move to Dramatically Speed Up the Foreclosure Process by Changing FL to a NON JUDICIAL STATE

If bankers get their way, Floridians facing foreclosure could be kicked out of their homes in as little as three months.

The Florida Bankers Association, the 400-member-strong lenders’ lobby, has presented state legislators with a bill to upend decades of Florida law and establish “non-judicial” foreclosures in Florida by July 1.

What’s a non-judicial foreclosure? Banks would accelerate foreclosures against defaulting homeowners by bypassing the courts. Judges would no longer rule on foreclosure cases.

Some states — 37 in fact — already grant that fast-track foreclosure authority, including California, Georgia, Alabama and Texas. But Florida, with its plethora of vacation and retiree homes, has always been big on homeowner rights.

If you’re a financially strapped Florida homeowner — 62,719 Tampa Bay properties got foreclosure notices last year — the 53-page bill contains worrisome signs:

• Non-judicial foreclosures must conclude in no less than three months and no more than a year. Most Florida foreclosures take a year to 18 months to work through the courts these days, longer if a lawyer fights a successful rear guard action. So in 90 days banks can theoretically auction the home out from under you.

The Florida Supreme Court’s newly endorsed mandatory mediation for lenders and homeowners would effectively go bye-bye. The bill provides only for informal meetings between creditors and debtors.

• Even after homeowners are evicted, banks can still pursue them for unpaid mortgage debt. But banks will waive that right if homeowners avoid trashing or stripping the house before the new owner takes over.

The bankers association has titled the bill The Florida Consumer Protection and Homeowner Credit Rehabilitation Act. Association president Alex Sanchez views the bill as a way to break a foreclosure crisis partly caused by mortgage fraud.

UPDATE 02/01/10


Continue reading here…


13 Responses to “ALERT – Florida Banksters Move to Dramatically Speed Up the Foreclosure Process by Changing FL to a NON JUDICIAL STATE”
  1. Ron Moss says:

    Again, How would one calculate an appropriate fee suitable for a punitive damage fee for a billionaire to so discouraged he would never be tempted to ever return to the scene of the crime and consider ever recomitting a similar crime

  2. fudmer says:

    The problem is that the banks have been federalized (even the state chartered banks). They make a loan and sell it to Fannie or Ginnie or someone and get their lent money back to recycle the funds (basically they have become loan origination agents).. MERS hids ownership of the mortgage in its assignment recordings so the party who might negotiate a sustainable deal with the lender for acceptable adjusted terms is not available.

    As a result the loan is foreclosed and the avalanche of what I will term “sight less foreclosures” wreak havoc on the communities where banksters were allowed to provide the funds.

    Lending has adopted the Capone scam: finance to unsavvy buyers Florida land covered with H20.

    we need to do what south Dakota did. and get rid of bankster nonsense.

  3. Angel says:

    Mediation. What is there to mediate in these cases anyway – borrower signs contract with lender to pay back loan If borrower defaults on payments lender receives the property that was put up for compensation to lender. Why not instead of mediation we have the defaulting borrowers be required to take courses in Contract Law, Tort Law, and Financial management.

    And as for the Florida Consumer Protection and Homeowner Credit Rehabilitation Act Let’s look at the facts – 37 States allow for non-judicial foreclosures. The voters of those states have not revolted at the polls or taken to the streets in protest for this. What I am surprised about is the Florida Bankers Association is only now pushing this bill when it should have (in my opinion) been put in 2-3 years ago when Florida started leading in foreclosures along with several other states. I am also very surprised that we have not heard more complaints from the Clerks of the Circuit Courts and Judges who are over booked when it comes to the foreclosure cases in Florida. I live in a county where there are about 100 foreclosures filed every week and it can take anywhere from 3 to 9 months just for a foreclosure hearing! This is absurd. Another thing that is absurd is that the Judicial process in Florida has allowed tens of thousands of defaulting borrowers to live in their homes for as many as 18 months rent free before being thrown out. Now I would love to live rent free but I know that is not reality.

    People need to understand that when they sign a contract they are bound by Contract Law. Just think if you were to lend someone money (not a grant) but lend you expect to be paid back for what you have given to another person and you would most likely get mad if they did not pay you back. Now lets look at it in terms of what the banks do which is to lend out loans of tens of thousands to hundreds of thousands of dollars to people who default in payments the bank did not give them a grant they gave them a loan so therefore to make up for losses the bank is legally entitled to the one asset the borrower put up as compensation their property in the contract that they signed.

  4. Novotny says:

    We have been trying to get people to stop borrowing from the banks for years, but have not been heard. When one goes into debt, he/she is no longer solvent, and subject to the rules of the lender. People who have their homes paid for are not facing foreclosure, and are not usually in trouble. The federal reserve spends millions each year to get people to borrow their credit and debt currency, and most do, but they also face foreclosure when bad times come around. Government created the circumstances that created the recession problems, which created the foreclosures that we have now. It was no accident. The result is that the attorneys and bankers win, and the people by their contracts, have placed themselves in a state of slavery. Now they want the same government to fix their problems, and that is a joke.

  5. Geheimish says:

    Obviously there is plenty of blame to spread around, but the bottom line is: Our major Banks have no morals, ethics, or shame. Neither do the politicans that pander and prostitute themselves to these necessary evils. I remember a time when this State and other States put limits on fractional banking, interest rate cap on revolving & installment loans and required loan disclosures to be written in English. Now, anything goes.

  6. One Old Patriot says:

    We can lay BLAME everywhere, but let’s not leave out the greedy REALTORS in this Boondoggle! They walked away from it. The Banks did get left with the “realty”, the homeowner no home, and the taxpayer, well we are getting it from both ends. Obama’s insistence the Banks pay a new tax, which of course we will have to pay, and then there was that “bail out”, of Freddie Mac. Some one give that poor old dog a rest! Ouch, that was U.S….taxpayer! Empty homes invite crime; empty neighborhoods do not invite what few buyers there are left out there; if any. Florida is bereft of buyers because of the high employment and if anyone thinks that “bullet train” is going to bring any “Y’obs”, well the only “bullet” Florida is going to get is going straight up that poor old Dog’s….Yes, people let the Realtor’s talk them into buying the houses they knew they couldn’t afford because we have become a country of entitlements, and although in reality, just like we should let the majority of these people go to the old fashioned “poor house” and face their personal responsibilities, it creates a real problem for those that are facing foreclosures because they have lost income from what was viable private businesses or a responsible job. Therefore, we still do need a Court System to sort this out. In the meantime, the banks need to shoulder their own “personal responsibility” and work out some payment plan for those people in those unaffordable homes and in the interim perhaps those people that were greedy may manage to work themselves into a more responsible way of managing their money and those that have suffered economically thru no fault of their own, may have a chance for an economic recovery.

  7. Sandie says:

    We have to get Florida back on to State rights and hold Crist’s feet to the fire. I hope he does NOT make it to in the primary. He is as bad as the rest in DC…
    Bankers are crooks and always have been…

  8. marta i gomez says:

    Where do we need to call or write in order to stop these banksters lobby to do this change?



    • chichi says:

      marta. google: they have a list of all our state & local representatives write, call, e-mail tell everyone you know to stop these banks.

  9. Daniel Johnston says:

    The banksters have gone too far. It is time for all citizens to stop using their credit cards (get them paid off as quickly as possible) and try to use alternative sources of financing. This is a golden opportunity for a consortium of well heeled investors to step in and pick up where the banks left off. Small merchants should allow personal credit to credit worthy patrons. Many of my merchants don’t require me to pay up front. Instead I just pay them once a month.
    I hope Cary Baker is not a proponent of this legislation. I think any State legislator that votes in favor of the “fast track” forclosure procedure has shown his/her hand to the public that he/she is a crook. First throw them out of office, then investigate them and find out if they accepted any “gifts” from the banks, and if so, toss them in the clink and thow away the key. I think we should also come up with some state legislation that severely restricts the banks from arbitrarily raising interest rates on revolving credit. There should be a interest rate limit of 18% APR. Also, if his horrid legislation is passed then all banks should be required to automatically offer mortgages up to $300,000.00 to anyone with a credit score of 528 or higher. Sincerely, Daniel Johnston

  10. Mortgagemalaise says:

    !! Throw it all under the rug, I don’t think so! Wow, this is getting scary.

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  1. […] Friday January 29, 2009, James Thorner of reported that Florida bankers move to dramatically speed up the foreclosure process referring to a 53 page bill (posted below) to be presented to the Florida state legislature drafted […]

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