Daily Finance | Are Banks Abandoning Foreclosures in Florida?

Are Banks Abandoning Foreclosures in Florida?

By ABIGAIL FIELD

If you sue someone in Florida but then stop pursuing your case for a year, the court can clear its case load by dismissing your suit for “failure to prosecute.” Across Florida, courts are starting to clear their overwhelmed dockets by dismissing foreclosure cases the banks have failed to prosecute. In one division of one of Florida’s 20 judicial districts, perhaps as many as 2,700 cases have been set for dismissal in one week.

When Allison Albert of the Jacksonville area Legal Aid went to foreclosure court in Duval County, part of the Fourth Judicial Circuit, on Tuesday, hundreds of “failure to prosecute” cases were on the docket. While waiting for her client’s case to be called, she heard the court’s staff talking about how the court had sent out notices, scheduling hearings for about 2,700 foreclosure actions — and noting that if the bank didn’t take action within 60 days of the notice, the case could be dismissed at the hearing for failure to prosecute. All of the cases were scheduled to be heard over the next eight court days.

See full article from DailyFinance: http://srph.it/fl1AIO

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4closureFraud.org

Comments
9 Responses to “Daily Finance | Are Banks Abandoning Foreclosures in Florida?”
  1. Officer of the Law says:

    The banksters are planning to push a non-judicial foreclosure bill through the Florida Legislature this year. They have been handing out a lot more cash to legistators than usual. After all, a few million spread amongst the legislators will save the banksters a lot of filing fees and attorney fees and give them even more power to steal homes and businesses.

    That is why they are slowing their court filings and letting cases get dismissed for failure to prosecute which is without prejudice by the way.

    • Bank Hater says:

      The mortgage docs one signed @ closing state the BANKSTERS must go thru the court systems in judicial states. Where can i find out more information on this bill they are trying to get thru the legislature??? Is it going forward only or retroactive??? I would greatly appreciate any answers.

  2. Maria says:

    Very well! But how about our COUNTERCLAIMS and THIRD-PARTY CLAIMS??? I LOST quality of my life for TWO YEARS defensing myself from NONE-PLAINTIFF!!! Who will compensate ME this PRECIOUS TIME, which I lost forever??? DISMISSAL OF INITIAL COMPLAINTS MUST NOT AFFECT THE COUNTERCLAIM OR THIRD-PARTY CLAIMS. Who did not filed any Counterclaims MUST BE compensated for defensing themselves from FRIVOLOUS CASES pursuant to the Fl. Statute # 57.105. Additionaly, FILE the Complaints with the Florida Bar against LAWYERS, who torture us for years by their extremely stupid falsified papers. Fl. Bar has for each of you $50,000 award in compensation. Lawyers will loose their Licenses as well. The your Attorney’s FEES and COSTS MUST BE COMPENSATED BY THE LOOSERS!!!!

  3. Felita says:

    If someone takes the time to look at the Sheriff Sales Posted in State of Delaware HSBC still has foreclosure’s set up for March 8th in New Castle County.

    Why weren’t the removed from the State of Delaware which is scheduled this Tuesday? And I guaranatee you when the next set of Foreclosure listings come out on 3/9/11 HSBC will still have llistings.

    Can you smell that…………………….Smells like a dirty rat to me!

  4. l vent says:

    The writing is on the wall for the banks. THEY screwed up. Alot of judges are not going along with the B.S. fraudulent docs the banks are trying to use to fraudclose. Now that the truth is out the judges do not want egg all over their faces by aiding and abetting these criminals. This is what happens when the people put up a fight for what is THEIRS. For a while they the banks were having a hay day fraudclosing on Americans who were not fighting back because they just figured we are not paying our mortgage so we lose. This was never about people getting a free house. We would have happily taken those FRAUDULENT LOAN MODS and though it would have been more fraud and we would have struggled hard to pay A FRAUDULENT LOAN MOD, we would have probably went on our merry way and been none the wiser. This is all about the ORIGINATION FRAUD and THE FRAUDULENT INDUCEMENT OF OUR MORTGAGES, the way we were intentionally set up to fail via a Ponzi Scheme and then an Engineered Economic Collapse which caused joblessness, loss of income and despair for millions. The criminals thought they could never lose because of their CDO’S and then the fraudclosures they thought could steal everything back from the American people and cover up for all of their fraud. I would like to personally thank 4closurefraud.org. If it was not for you guys getting the truth out there to millions of shell shocked Americans, they would have most likely suceeded in their highly destructive and evil plans. The truth always prevails, and you guys helped us find it. You guys are true Americans.God Bless America.

  5. Parettia says:

    “Are Banks Abandoning Foreclosures in Florida?” I went with a friend to a Lack of Prosecution Hearing, in January, 2011 of the Seventh Judicial Circuit in Volusia County. After all the Plaintiffs and Defendants sign in they were all at once entered into the hearing. The judge first introduced himself and explained to everyone why they were their and really advised the defendants not to say a word. The judge called every case by case number, plaintiffs and defendants name. I stood at the door, some plaintiffs appeared but most did not. That particular hearing had 84 cases on the docket and every case was “Voluntarily Dismissed.” My friend case had not been touched by the plaintiff since 07/29/09. Plaintiff received a 60-Day Lack of Prosecution Notice on 09/17/2010, which expired 11/17/10. 11/17/10 the court sent to the Plaintiff a Notice of Intention to Dismiss for Lack of Prosecution. I do not agree with what Todd Allen, an attorney practicing in Lee and Collier Counties said. “Pursuant to R.C.P. 1.420(e), unless good cause is shown(Pleadings, Notices, Affidavits are not good cause) IN WRITING AND FILED IN THE CASE at least FIVE (5) DAYS BEFORE THE HEARING DATE above set forth, this action SHALL STAND DISMISSED FOR LACK OF PROSECUTION on the date specified above, and the Plaintiff/Counter Plaintiff shall take nothing by this action, and the Defendant/Counter Defendant shall go hence without day. NOTE: If the plaintiff files a written response requesting the case NOT TO BE DISMISSED, unless EXC– USED BY THE JUDGE, the parties MUST APPEAR at the hearing to argue their response to the notice, otherwise the case WILL BE DISMISSED.” Their were some Plaintiff that filed whatever but that judge was not really hearing it. My friend case the Plaintiff filed Motion For Summary Final Judgment, Affidavit/Application of/For Costs and Affidavit/Application For/Of Attorney’s Fees FOUR (4) days before the hearing. It just amazed me how some defendants were in a modification plan and had been for months and still nothing is happening for them and some even explained to the judge it has been 7, 9 months and I still have not heard from the lender, they will not return my call. He advised those to get with the attending plaintiff attorney, that’s if they were their. It’s Crazy.

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