Fla. foreclosure workgroup questioned, called bias
A handful of foreclosure defense attorneys are raising issues with the foreclosure reduction plan recommended by the Foreclosure Initiative Workgroup.
Some said they were unaware the workgroup of judges and court administrators had even been assembled and are concerned they weren’t given a chance to have input about the report.
Royal Palm Beach-based foreclosure defense attorney Tom Ice said there were a few items in the report that struck him as “wrong-minded,” including an assertion that dismissing a foreclosure that isn’t ready for a hearing is only a temporary fix.
“Yes, the bank can refile, but only once and only if the statute of limitations has not expired,” Ice said. “After dismissal, they then have incentive to move the second case along so as not to get dismissed permanently. The threat of dismissal for lack of prosecution even gives them incentive to move the first case along because they have to pay the other side’s attorneys’ fees and the re-filing fees.
Calling such dismissals ‘temporary’ is an attempt to rationalize a deep-seated, maybe even subconscious, bias.”
Copy of the “report” below….