Please Sign Petition: “Governor Scott – Veto Foreclosure Bill”
The Florida Legislature has used illegal and unconstitutional tactics to pass this bad bill. The Legislature failed to adhere to the requirements of Florida’s Constitution. If the Governor signs this bill, there will be costly litigation initiated to defeat this illegal and unconstitutional bill.
The bill is unconstitutional and the process used to pass it was unconstitutional.
“The Foreclosure Act just passed on May 3rd was passed illegally and unconstitutionally. The House Civil Justice Committee passed the bill on Feb. 7th, before the Legislature was in session, contrary to Article III, Section 3 of Florida’s Constitution
see: http://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=49274
and
http://www.flsenate.gov/Laws/Constitution#A3S03
Also, Henry Trawick, the Dean of Florida Legal Procedure, has written analyses of both HB 87 and SB 1666, pointing out the multiple unconstitutional provisions of the bill.
See: http://www.scribd.com/doc/125013516/2013-Letter
and:
http://www.scribd.com/doc/130271563/Henry-Trawick-on-Florida-Senate-Bill-1666-2013
Will you sign the petition? Click here to add your name:
http://signon.org/sign/governor-scott-veto-floridas?source=c.fwd&r_by=541906
Thanks!
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PROPOSED AMENDMENTS TO FLORIDA FORECLOSURE STATUTE RIFE WITH UNCONSTITUTIONALITY: AMENDMENTS REQUIRE OWNER OF NON-OWNER OCCUPIED PROPERTY TO MAKE PAYMENTS TO PLAINTIFF DURING FORECLOSURE WITHOUT ANY REQUIREMENT THAT PLAINTIFF HAS STANDING TO FORECLOSE, AND FORCE EARLY PROBABLE CA– USE HEARING AT WHICH TIME SUMMARY JUDGMENT COULD BE ENTERED
May 3, 2013
May 3, 2013
A proposed series of amendments to Florida Statute sec. 702.10 (CS/CS/HB 87) would radically alter and eliminate many rights for Florida property owners. The proposed amendments are in direct contravention to existing case law and provisions of the Florida Rules of Civil Procedure regarding summary judgment, and convert judicial foreclosure actions as to non-owner occupied properties to require a bond as a prerequisite to being able to defend the action. If the bond is not paid, the sheriff can oust any tenants, and judgment can be entered as well.
The proposed amendments first create a “probable cause” hearing at which time the court determines whether any timely filed defenses “create a genuine issue of material fact” or constitute “a legal defense to foreclosure”. As such, the court, without a formal summary judgment hearing and the protections set forth in Florida case law and Rules of Civil Procedure, can determine summary judgment issues WITHOUT A MOTION FOR SUMMARY JUDGMENT EVEN BEING FILED BY THE PLAINTIFF, and at that show cause hearing, the court can enter final judgment as well.
This smacks of unconstitutionality on several levels, and is an attempt by the Florida legislature to eviscerate decades of Florida case law and the Rules of Civil Procedure so that the banksters can foreclose at one hearing, and with the burden being on the homeowner to prove its defenses at a show cause hearing, totally reversing Florida law that the Plaintiff bears the burden of proving its case at trial or summary judgment.
It gets much worse. The proposed amendments also require that during the foreclosure of non-owner occupied property, and without the Plaintiff proving anything at all (including standing), the homeowner would have to make payments to the plaintiff or take out a bond FOR AN AMOUNT EQUAL TO THE UNPAID BALANCE OF THE LIEN BEING FORECLOSED INCLUDING ALL PRINCIPAL AND INTEREST. If the bond is not paid, the Sheriff can forcibly oust anyone in the property (e.g. the homeowner’s children who may be living there, aged parents who may be living there, etc.) As such, the amendments require a homeowner to pay money to the Plaintiff, who has proven nothing, for the privilege of being able to defend a foreclosure action on anything other than a primary residence.
This “bond requirement” is a creature of non-judicial foreclosures. Florida is a judicial state. This amendment would run counter to longstanding Florida law, would permit the courts to engage in disparate treatment of homeowners, make them a suspect class, and deny them the rights of any other civil itigant.
These proposed amendments are appalling. Florida homeowners should be shocked by what their elected representatives who are behind this bill are doing. We urge all Florida homeowners to immediately contact their representatives and tell them that if they approve this bill, they will not be re-elected.
Do it fast: the legislature is submitting this to the floor this weekend and is apparently going to try to railroad it through.
Jeff Barnes, Esq., http://www.ForeclosureDefenseNationwide.com
Thanks, I already signed a petition to the Governor earlier today.
Rumor has it someone in Orlando is working on a constitutional amendment for the 2014 ballot: a Homeowners’ Bill of Rights–to supersede this “Law” and improve things for homeowners. I hope the rumor is true,
This amendment would supposedly prohibit banks from hiring collection agencies to pursue homeowners after principal reductions. It would also provide more time for homeowners threatened with auctions,and for buyers and sellers in short sales. Buyers are complaining there’s no time now for due diligence; some loans applicants who have excellent credit have lost 10-15 houses to cash investors before the banks finally approved them. The current suggestion from the mortgage banks is for buyers here to bid $10,000 over the asking price to compete with cash investors.
I hope the amendment also prohibits bank owners from leaving houses vacant and moldy for a year waiting for the price to go up, and causing assessments for the neighbors who must keep the grass cut and the pool maintained.
Living in Tennessee, I don’t have a dog in this hunt but I urge all of you WHO do to pay attention to what your state legislature and governor does and become informed, take control, and vote for representatives and governors WHO do represent your views and are sympathetic to your concerns and not Wall Street,the banks or lobbyists, etc. Tennessee has already sold out to special interests. Our legislature has NO concerns but their own and their campaign coffers. The greatest problem is apathy, people aren’t paying attention to what the legislature is really up to. They trust old Jimmy Joe or Randy Bootscooter, who slaps them on the back at voting time and they decide he is a guy they could have a beer with and they trust! WRONG! I guarantee you have that problem in Florida too so pay attention folks. VOTE these crooks out of office and campaign for those people to run WHO will represent your NEEDS! Pure and Simple. Our state legislatures are fighting to destroy what they call “big” government when all they really want and need is BIG STATE government to control the people of Florida! THINK with your VOTES! Good luck!