Today’s most important single action would be to send an email with the following subject line:
Vote No on House Bill 87 to each of the following:
The Florida legislature is moving forward quickly on passing a legalization of foreclosure fraud bill. We must act if we want to stop it. This is the fourth year we’ve been fighting against this type of proposed legislation which will make foreclosures happen faster, smoother, and easier for banks and make it much harder for Floridians to defend themselves against fraud and abuse.
Please send this email to Florida lawmakers and also pick up the phone and call them yourself and simply leave a message that you are calling to urge the representative to VOTE NO ON HO– USE BILL 87. They may ask for your name and zip code. That’s it. Simple and will make a difference. The lawmakers’ staff count and report on these calls and emails.
Please do not depend on a few active citizens to stop this bill from passing. Activists and advocates can not fight this without help. Please take five minutes to send an email, make some calls, and ask your friends and family to do the same.
Please copy and paste the subject line and text below. Sign off with your name, your county, and with your zip code. Send to all the Florida lawmakers whose emails are listed below.
Thank you very much and please stay tuned for more action alerts on this issue.
Office of the General Counsel
Dan Nordby, 850 717-5500
Civil Justice Subcommittee:
Metz, Larry [R] Chair 850 717-5032 email@example.com
Hager, Bill [R] Vice Chair 850 717-5089 firstname.lastname@example.org
Stafford, Cynthia A. [D] Democratic Ranking Member 850 717-5109 cynthia.stafford@
Boyd, Jim [R] 850 717-5071 email@example.com
Clelland, Michael Philip “Mike” [D]850 717-5029 mike.clelland@myfloridahouse.
Davis, Daniel [R] 850 717-5015 daniel.davis@myfloridahouse.
Goodson, Tom [R] 850 717-5050 firstname.lastname@example.org
Oliva, Jose R. [R] 850 717-5110 email@example.com
Passidomo, Kathleen C. [R] 850 717-5106 kathleen.passidomo@
Rodríguez, José Javier [D] 850 717-5112 jose.rodriguez@myfloridahouse.
Spano, Ross [R] 850 717-5059 firstname.lastname@example.org
Stone, Charlie [R] 850 717-5022 charlie.stone@myfloridahouse.
Waldman, James W. “Jim” [D] 850-956-5600 email@example.com
Copy and paste the text below into an email.
(Or if you would like to write your own, see the talking points below.)
Vote No on House Bill 87
We urge you to vote NO on House Bill 87. The problem with Florida foreclosures is NOT the judicial process. Th problem is unethical behavior and criminal fraud by mortgage servicers, certain law firms including David Stern and Marshall Watson, and banks.
Our single most urgent problem is the abandonment by banks of thousands of homes across Florida. These abandoned homes destroy neighborhoods, driving home prices further down, and create havens for rodents and mold. We need legislation that holds banks and Fannie Mae accountable for maintaining the thousands of properties they now own.
We do not need faster foreclosures – we need to hold the banks and mortgage servicers accountable.
The representatives count these even if they don’t read them.
Here are all the email addresses in a copy/paste format to drop into an email:
Write your own email based on the these talking points.
1. The banks, not the homeowners, are causing the slow process. The banks are failing to proceed because they do not have the paperwork that shows ownership of the note and mortgage. The bill allows the banks to take homes without proving that they hold the mortgage & note. (: FS 702.015, Sections 2 and 3. Eliminates the need for the plaintiff banks to prove ownership of the mortgage and note, merely allege. Lines 101 through 106.)
2. Provisions of this bill are unconstitutional and will be challenged immediately:
a. It is retroactive (Section 8; lines 518 to 527)
b. It takes away our due-process rights. (“without a hearing”, line 246; “Show cause hearing,” Amends FS 702.10, lines 232 through 423.)
c. It prevents a fraudclosed homeowner from regaining the home. (New FS 702.036(1)(a), lines 153 through 161.)
3. It requires the homeowner to make payments to the bank (monthly), or move, even without the bank proving it owns the mortgage. (FS 702.10(d), lines 424 through 435.)
4. It shifts the burden of proof to the defendant. (“Show cause,” Amends FS 702.10(1), many references in lines 234 through 423)
5. It encourages fraud; the banks need only to allege that they own the mortgage/note, not prove it. (FS 7602.015(1), (2), (3), lines 89 through 115)
6. And more:
– Courts may ignore responsive pleadings. (FS 702.10 (a)(3), lines 266 through 270.)
– Unjust bank enrichment – Need a minimum opening bid so they don’t steal the home at auction. (lines 218 through 225.)
– Foreclosure is on the mortgage, not the note. (FS 702.015(4), lines 116 through 129.)
-“Correct copies, not “certified.” (FS 702.015, lines 125 and 126.)
– Allows bank to allege that it is only the “holder” of the note, not the “owner and holder.” (FS 702.015(2) and (3).)
Now get to work…