This is from the last session in march 2011…
Florida House bill would waive rights of some delinquent home owners
Lenders could bypass plenty of legal legwork when they foreclose on some homes, including abandoned houses, investment properties and vacation homes if a bill in the Florida House becomes law.
The law would create an “alternative foreclosure procedure” that lenders could impose on owners of non-homesteaded properties with values far below their mortgages or properties the lender deems to be abandoned.
Under the proposed procedure, delinquent owners would waive their rights to defend the foreclosure, allowing the lender to more quickly obtain a summary judgement to auction the property.
The owners would have 30 days from the date of the foreclosure filing to opt-out of the streamlined procedure. If they do object, the owner would have the right to fight the lender.
Although the proposed process wouldn’t apply to houses and condos that are primary residences, critics fear a loss of consumer rights and protections.
The Florida Fair Foreclosure Act, HB 1191, is sponsored by Rep. Kathleen Passidomo, R-Naples.
Foreclosure defense attorneys and consumer activists say the bill would put the burden on owners to maintain their constitutional rights to due process.
12811 Kenwood Lane,
Ste. 212 Fort Myers, FL 33907
402 S. Monroe Street
Tallahassee, FL 32399