I read they decided that non-judicial foreclosure was unconstitutional. Some will probably try anyway but if that’s the reason guessing they’ll skip it. Foreclosed properties have enough problems already without worries that a Constitutional ruling rolling all sales under a non-judicial process backwards.

Spoke to a few: there’s some dingbat state Senator from Delray Beach trying to push through a bill (a Democrat, in this case) to help the “real-estate industry.” — as if they weren’t the primary driver of this mess. But others say no .. they’re only focus on procedural changes is in condo’s. Condo’s are a tough subject because people who don’t pay condo dues push up the dues (in the buildings with their high genuine maintenance costs .. not the HOA’s) so much that others end up in foreclosure. I wouldn’t be ready to take a stand on the subject, except to recognize that non owner-occupied condos who aren’t paying condo dues (those renting and empties) deserve some more thought.

Not sure what your saying is wrong though. My version of “non-judicial” is a servicing company offering a substantive deal to skip foreclosures; that is, negotiating in good faith, including title indemnification and waiving a deficiency. What’s wrong w/ that? There – the bank gets a house quickly and gets to skip a foreclosure … if the homeowner is OK — nothing forced about it and the bank has no more extra negotiating power. Some people don’t want their houses: there’s vacation homes, or homes where the couple since retired and are too big, or they’ve moved, divorced .. whatever.

Hey Mike.

Your 100% wrong. Where do you dream this fantasy crap-up? Better keep a close tab on the deadbeat Fl BAR & FL congressional morons! They already tried to change FL to a NON-JUD once. They will try again.

The Florida Bar is doing little to nothing to stop fraud or to stop judges who rubber stamp fraud. I have a simple place for the Bar to start, and a point at which any complaint should start.

First determine of the Plaintiff has standing before any motions of any kind by the Plaintiff can be accepted by the court. If a Plaintiff has no standing they should not be able to ask the court for any request regarding any answer, affirmative defenses, or other motions of the defendant(s). But, this is not the case in every court room in Florida. Plaintiffs are NOT MADE to prove standing before any other act of the complaint is moved upon.

Flordia Bar, be more than a rocket docket control center.

Here’s how the process works. Either a homeowner or bank calls the other and says something along the lines of “you’ve stopped paying; rather than foreclose would you willing to do a deed-in-lieu, or a rent-back?” For deeds-in-lieu they don’t ask for financial info because they realize no sane person would do one-side discovery for no reason; the bank made the loan. For rent-back’s same thing; the homeowner would be giving the house to the bank – if they can’t pay they can file a renters eviction; cheaper and easier than a foreclosure.

So there .. voila .. non-judicial foreclosure. There are still title issues; that’s true of any house, but that’s the banks problem. It’d really be for people who don’t want the house: too big, they really can’t afford it and won’t ever be able to, they’ve moved or have to move for work .. whatever. No changes to the law necessary; the banks just have to stop trying to milk every cent they can, which is reasonable give that the only reason they’re in business is $14 trillion (might be more by now; haven’t checked) in corporate welfare.

GO TO LIVINGLIES AND SEARCH “UNCONSTITUTIONALITY OF A POWER OF SALE FORECLOSURE ” AND YOU’LL GET A DIFFERENT PERSPECTIVE. IF THE POWER OF SAL FORECLOSURE IS UNCONSTITUTIONAL AS APPLIED UNDER THE 5TH AMENDMENT THEN THE EVICTION THAT FOLLOWS IS AN AB– USE OF PROCESS BECA– USE IT WAS NEVER INTENDED TO EFFECTUATE AND COMPLETE THE DEPRIVATION BEGUN BY THE POWER OF SALE FORECLOSURE. iT IS ALSO A N AS APPLIED CONSTITUTIONAL VIOLATION OF DUE PROCESS AND ACTIONABLE UNDER 42 US 1983. TWO EVENTS BUT ONE TRANSACTION.