Effort to Cut Courts Out of Foreclosure Process Could be Costly to All Floridians

Effort to cut courts out of foreclosure process could be costly to all Floridians

On its face, it certainly sounds attractive: Speed up Florida’s foreclosure process to help the state move past the crisis to a healthier economy. But as Gov. Rick Scott, House Speaker Dean Cannon and Senate President Mike Haridopolos echo support for moving at least some foreclosures out of the court system to speed up the process, they should not erode borrowers’ rights or encourage banks to cut even more corners. And they will have to address the fiscal impact on the courts, which rely heavily on foreclosure fees to keep the doors open.

This is not a new idea. In 2010, the Florida Bankers Association tried to get the law changed to give lenders the ability to foreclose without the courts. The justification is speed. Florida’s foreclosure proceedings take an average of 638 days, one of the slowest rates in the nation, while some of the nearly 30 states that have nonjudicial foreclosures can take 400 or fewer days on average. Certainly it would benefit the state’s struggling neighborhoods and overall economy to address Florida’s glut of foreclosures.

But if blame is to be apportioned for delays, Florida’s courts should rank well behind banks and mortgage servicers. While the state courts brought in extra senior judges to handle the flood of foreclosure filings, lenders were mired in a “robo-signing” scandal and other paperwork problems that led to a massive slowdown. Banks tried to foreclose without proof of ownership and presented sworn documents by people with no idea what they were attesting to. The reaction to all this bungling should not be to remove judicial oversight — a procedure that holds banks and servicers to account.

Rest here…

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4closureFraud.org

Comments
24 Responses to “Effort to Cut Courts Out of Foreclosure Process Could be Costly to All Floridians”
  1. Jim Bethea says:

    Marilyn you don’t have to do the international trusts like I do for my money clients ~~ you can do a simple living trust ~ or anything to limit your name on this property so as to protect you from any reprecussions from these crooks

    • Thanks Jim….Actually I have papers on a simple living trust…will get them out and look over. They are just forms I was given from a paralegal I know. I asked about young children because my daughter is in foreclosure and has a good chance ( thru an attorney) to keep her house. so just in case the info was appreciated…thanks.

  2. Jim Bethea says:

    Once you get a mortgage dismissed ~ with a Quiet Title Action or a Heads On court decision, please don’t forget to transfer you now clear title/deed into a trust or into someone else’s name because in most states the banksters have up to 3 years to come back and contest either…………..

    Transfer of title/deed they can kiss it forever !!!!!! lmao

    • JIM…..Good information to know…..I will check on Florida…..I am not one that is into Trusts…can a trust be set up for your young children and would it protect such issues as this? I am thinking in the dark here due to lack of knowledge….but certainly will look into this just in case.

  3. lvent says:

    I found a great article which really explains why fraudclosures are going on in courtrooms across America. The truth, runs alot deeper and is alot more insidious than what WALL STREET did….WALL STREET were the perps for for the true puppeteers….WALL STREET should also be prosecuted to the full extent of the law and held accountable and forced to return all of their ill gotten gains….but the true puppeteers along with all of their minions and cohorts are who need to be exposed..many are hiding in plain sight…..they are out to bring about an undemocratic one world Government tyranny…Know your enemies…
    This article brilliantly states:

    Secret cabals, evolving at the higher echelons of society, are the true puppeteers here and they are avoiding media attention. By distorting ancient esoteric teachings and corrupting ancient laws and Constitutions to fit their needs, the rulers have given themselves a loose moral code to justify their actions. They have usurped :true science”, which was inspired by the laws of nature, to create a toxic by-product serving power and greed…

    The masses deemed “profane” and unworthy of the TRUTH, are bewildered spectators at a sick puppet show, not ever realizing they are watching puppets. Tor this reason, it is important to lift the curtain and see what is happening behind the scenes. Once we truly see the sick puppeteers pulling the strings, we will, hopefully, snap out of our hypnotic state and WALK OUT OF THE SHOW…….

    You have to find the space between what the establishment deems is right and wrong and that is where the TRUTH is….

    • lvent says:

      Bloomberg reporting Mitt Romney has raised $2.3 million dollars from WALL STREET……TWICE AS MUCH AS OBAMA….KNOW YOUR ENEMIES PEOPLE…
      Flipped on Dylan Ratigan and instead of his show, MSNBSC has some education program on with NEW WORLD ORDER TRAITOR TO AMERICA… Bill Clinton.. Brian Williams is interviewing him and they are sitting in front of the same ugly assed ELITEIST statue that is in front of Rockefeller Center..
      I was watching some ahole from the IMF on BLOOMBERG discussing their global B.S….and some other idiot talking the same BIG LIE…about the economic recovery….this traitor said that the AMERICAN PEOPLE REALIZE THE U.S. IS BROKE…….BIG LIE……WALL STREET IS BROKE….TO THE TUNE OF $140 TRILLION IN OVERSPECULATED AND OVERLEVERAGED COLLATERAL DEBT FRAUD……..We The People should boycott the MSM….they are traitors to America and owned by the ruling elite…they are helping the NWO….try and convince the American People of many MASSIVE LIES..AMERICA IS NOT BROKE…WALL STREET IS….STOP PAYING AMERICA!!!!..

  4. Jim Bethea says:

    I think that any public official that has a sworn oath of office that is found to be a part of this attempted cover-up of the most massive theft by deceit ever in the US should be impeached, imprisoned and once impeached should be tried in civil court as well for every last penny that they have to their name ~

    • lvent says:

      Agreed…Anyone down in Florida marching on the State Capitol or are there any sit-ins over this unfair foreclosure act? You guys should all go there with torches and rope and sit in until they all resign……..If they get away with this, other States will try and follow….

  5. lvent says:

    I have thought all along that non-judicial foreclosures were Unconstitutional and Illegal….In the United States of America no entity should be allowed to take anything away from an American Citizen without due process…and there are also strict property laws as well as Supeme Court rulings that protect our property rights as well..
    I came across an interesting website last night called:
    http://citruscountycitizens.ning.com/
    This site has alot of interesting things to say about property rights and the U.S. Constitution and all the U.N./NWO AGENDA 21 CRAPOLA….
    Here is a great explanation from that website why our Constitutional Rights matter and must be upheld along with our property rights in courtrooms across America…….

    America was once a land owned by the people. Now, nearly half our land is owned by Government, International Corporations and Land Trusts. Land is being concentrated back into the hands of the elite.
    Private Property is what distinguishes us from all other nations.
    If Government controls the land, they control our lives and America will be no different than the feudal systems our Founding Fathers fled in Europe. It is for this reason private property rights were Central to the Constitutional principles of our nation, PRIVATE PROPERTY SECURES LIBERTY.

  6. Reuben Nieves says:

    The proposed change from judicial foreclosures to non judicial foreclosures is an attempt to side step the Constitution. I have done intensive research to show that national banks and federal savings association are instrumentalities of the government who are not “private corporations” as they would have you believe. You can email me at reuben.nieves@yahoo.com and I will be glad to show you.

  7. mslove43 says:

    These so call Lender,Bankster, Servicer, Fannie & Freddie etc., need to dig a BIG HOLE and J-U-M-P in Face first!!!! How can the FRAUD continue when the have COMMITED FRAUD!!!! Every homeowner
    need to stop paying !!!!
    Attorney Stoppa check the Dualclerk .com they have already given attorney’s private access !!!!
    Here comes more C_orruptio_n!!!!

    Distress homeowner thats tired of this B>S!!!!
    KEEP UP THE FIGHT!!!!

  8. Prosecute the fraud says:

    As Mark Stopa says at stayinyourhome.com about :

    “Quite simply, most mortgages entered in Florida require banks to foreclose via a court proceeding. If you’re not sure what I mean, read your mortgage. It probably contains a clause similar to the following:

    Mortgagee, at its option, may [upon default in payments] elect to require immediate payment in full of all sums secured by this Mortgage without notice or demand and may, at its option, foreclose this mortgage by judicial proceeding.

    Did you catch the key language? By judicial proceeding. You see, most Florida mortgages explicitly require that banks foreclose by a judicial proceeding. ”

    Makes sense to me what Mark is saying. Gov. Scott needs to wake the eff up.

    • rictic says:

      “…Gov. Scott needs to wake the eff up.”

      Gov. Scott needs to be behind bars.

      Fixed it for you Prosecute the fraud…..

      • Prosecute the fraud says:

        Thank you rictic, however Scott is not guilty of anything other then stupidity, he needs to concentrate his efforts in upholding the rule of law (the laws about fraud and filing fraudulent paperwork on the courts and those that are perpetuating these crimes on the citizens of Florida).

        If they really want to help Floridians and the Florida economy recover faster, they should fast track the Quiet Title actions for people so they can buy and sell their homes without a clouded title. Right now the problem with the housing market is you can not get title insurance at closings, therefor no buying and selling by anyone is going on. Houses with clouded titles are useless (unless they are being occupied by the homeowner).

        Put a light at the end of the long dark tunnel and help people stay in their homes, if the banks liens are fraudulent, clear the title. The banks have been paid over and over for the “loans” they made to people. Unjust enrichment comes to mind.

        Fraud is fraud, prosecute the fraud now.

      • rictic says:

        I think we will have to agree to disagree on the Rick Scott being in prison thing. He paid $600 million in fines for 14 (I believe) felonies. My opinion is he should be in prison and not our govenor. As for the Quiet Title and banks being paid many times over I agree 100%….

      • lvent says:

        Prosecute the fraud, they never lent us any money….we lent it to them…..the U.S. TREASURY collateralized all of the housing debt off the backs of the american taxpayers..and they AND THE POLITICIANS, in turn gave WALL STREET AN UNLIMITED LINE OF CREDIT…WALL STREET RANG THEMSELVES UP WITH.$140 TRILLION DOLLARS WORTH OF UNSUSTAINABLE DEBT…..BY MULTIPLE PLEDGING NOTES, UP TO TEN MORTGAGES PER FAKE LOAN….WALL STREET CREATED THAT DEBT AND THEY OWE THAT DEBT, NOT THE AMERICAN PEOPLE..THERE IS NO HOUSING DEBT…OUR HOMES ARE PAID FOR..FREE AND CLEAR..WALL STREET COMMITED MASSIVE MORTGAGE COLLATERAL FRAUD…, ON STEROIDS..EXPONENTIAL FRAUD…….THE U.S. TREASURY — USED ALL OF OUR SIGNATURES AS COLLATERAL FOR THE WALL STREET MORTGAGE FRAUD PONZI SCHEME…LIKE THE BAILOUTS TO THE CROOKS WHO ROBBED US, THEY SOCIALIZED ALL OF THE DEBT FOR THEIR FRAUD ONTO MAINSTREET, MONEY THAT WE THE PEOPLE DID NOT OWE, AND THEY ARE STILL WAGING MASSIVE CLASS WAR ON MAINSTREET TO BANKRUPT ALL OF US FOR THEIR DEBT….NOT OURS….OUR HOMES ARE PAID FOR FREE AND CLEAR BECA– USE OF WHAT THEY DID….THAT IS WHY THE U.S. TREASURY ISSUED ALL OF US OUR COLLATERAL DEED STAMPED PAID AFTER ORIGINATION…WE WERE NEVER LENT ANY MONEY , IT WAS A GIANT SCAM…THE BIGGEST PONZI SCHEME SWINDLE AND HEIST OF MAINSTREETS WEALTH BY WALL STREET AND THEIR RULING ELITE OWNERS AND INVESTORS IN HISTORY…..WALL STREET STOLE AND PRIVATIZED OUR WEALTH IN OVERSEAS BANK ACCOUNTS AND SOCIALIZED PART OF THEIR DEBT ONTO MAINSTREET IN THE BAILOUTS AND ARE CONTINUING TO STEAL EVERYTHING FROM THE PEOPLE UNDER THE GUISE OF DEBT THAT WE DO NOT OWE……….Like when people went for a re-fi….they gave you check for your equity….they added a couple hundred thousand to the mortgage so you could never pay it off…they did the same thing at Origination….THEY NEVER LENT US ANY MONEY……IT WAS ALL AN ILLUSION…..WITH THE — USE OF WIDELY DECEPTIVE PRACTICES AND UNFAIR DEALING…..IT WAS ALL PLANNED, INSTITUTED, REGULATED AND THEREFORE PROTECTED BY THE SAME CABAL OF RULING ELITE OWNERS…..WHO DO NOT OWN OUR HOMES….AND BUSINESSES….THEY WERE INVESTORS IN THE MONEY FLOW, THE MORTGAGE MONEY THAT WE NEVER OWED……THEY SET AMERICA UP TO FAIL AND THEY OWNED ALL OF THE PLAYERS……THE MAIN CULPRITS ARE AT THE VATICAN OWNED WORLD BANK, THE IMF, THE FEDERAL RESERVE,FANNIE AND FREDDIE, WALL STREET AND THEY HAVE HIJACKED THE U.S. TREASURY AND CONGRESS AND THE ENITIRE GOVERNMENT AND LEGAL SYSTEM……….ALL OF THE PRESIDENTS OVER THE LAST 30 YEARS AIDED AND ABETTED THIS EVIL NWO PLAN…..

      • Prosecute the fraud says:

        Ivent, that is my point, if the banks have committed fraud (and 99.9% have) then start the prosecutions and clear the title to the homes, possession is 9/10ths of the law.

        PS – friendly pointer – typing in all caps does not make anyone read your posts, in fact it makes you look like you are out of control on your thousandth post rant

      • lvent says:

        Prosecute the fraud, as I have said before when I post in all caps, it is not to draw attention to my posts…..it is freedom of expression….I will rant as I see fit…Read my comments or don’t read my comments…..that choice is up to the individual…I am not commenting here to seek anyones approval …I am speaking my mind and hopefully exposing alot of stuff that is being covered up and is being hidden behind the mass deception of FORECLOSUREGATE…….THE PLUTOCRACY IS USING .FORECLOSUREGATE and really trying incredibly hard to cover up 9/11 TRUTH and this RULING ELITE HITLER PLAN FOR GLOBAL ONE WORLD ANTI-DEMOCRATIC, TOTALITARIAN ONE WORLD GOVERNMENT……THE PLUTOCRACY THAT HAS HIJACKED AMERICA VIA ITS OLIGARCY..AND IS HIDING BEHIND THE SCENES, WATCHING AND WAITING TO SEE IF WE ALLOW THEM TO TAKE AMERICA OVER……THAT IS OWNS THIS MANUFACTURED FINANCIAL CRISIS..NOT THEIR WALL STREET PERPS……if I see deception……EXPECT ME TO EXPOSE IT……….I do agree Wall Street should be punished to the full extent of the law and forced to pay back all of their ill gotten gains…..but they are not the real masterminds of this……RULING ELITE.HITLER PLAN WHO ARE TRYING TO FORCE AMERICA TO BELIEVE WE RANG AMERICA UP WITH 140 TRILLION IN MORTGAGE FRAUD WHEN REALLY IT WAS THE RULING ELITES PLAN ALL ALONG…..THERE ARE MANY TRAITORS AND TREASONISTS FROM WITHING AMERICA AS WELL WHO EITHER KNOWINGLY OR NOT, ARE PARTICIPATING IN THIS FRAUDCLOSUREGATE COVER UP…….. ALL OF THE PLAYERS NEED TO BE AND ARE BEING ROUTED OUT AND EXPOSED FOR WHO THEY ARE REALLY WORKING FOR AND WHO FILLS THEIR COFFERS…….THE TRUTH WILL SET US FREE…

      • lvent says:

        ps prosecute the fraud, Since my pointing out that WALL STREET are only the perps is what is really annoying you and you found that picking on my use of ALL CAPS the relevant issue…you have revealed something about yourself by attempting to shoot the messenger over a preposterous and irrelevant issue…….I know the way the NWO trolls roll……..any more attacks from you about my comments I will regard as NWO PROPAGANDA……..and I will fight back….BRING IT ON……

      • Scott is criminal an the people of FL, rewarded him for his crime by making him a Governor, wow!

      • Prosecute thr fraud…..I fully understand fraud is fraud…prosecute the fraud. That is common sense…by the laws we always had. BUT nothing is, especially now and in the past X years, the way we know it. This sick disease that we are fighting has for years been in control of our law system…we just did not know it…did you? Did you know they see white as black and black is white? Everything we see as wrong is right to them and reverse. Just as the courts are doing to all the homeowners….right there is proof. We are the enemy to them and they want us to be ruled under their Constitution..not ours. They control everything…even education to brain wash the children. The children are not taught what is right…they are taught what they want them to learn…
        So we scream that the courts are not for the homeowners…no they are not…because the courts are under control…they shut a blind eye on the frauds…because what is wrong is right to them. It is another form of brain washing but NOW we have woke up to their scam. No arrest, no handcuffs…no prison…because we are wrong and they are right…in their beliefs….So who do you think would even prosecute them? Mickey Mouse? Certainly not the DOJ or Holder….that is a joke…they are under control of our enemies….Just ask Obama..he knows it all…or ask Clinton or both the Bush’s ….so if you can find a Prosecutor in this country who will start the prosecutions….you will be a hero to all of us. It is easy to say…but harder to do. I am not saying impossible….we are fighting strong…and we must think possitive…..

    • To tell The Truth says:

      This is good reminder…….and go safeguard your homestead property rights at the recording office against debt collectors.

    • To tell The Truth says:

      I agree with the Quiet Title statement….

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