Categories: South Salem

Investigating Florida’s parallel legal system for foreclosures | South Salem Homes

 

Defense motions that disappear after 60 days, unelected judges meant to rule on a quarter of a million cases a year, original documents gone missing — these are the realities facing families caught in a year-old initiative intended to accelerate Florida‘s foreclosure process. As Florida tries to clear its courts of hundreds of thousands of pending foreclosure cases, a lingering reminder of the 2008 financial meltdown, homeowners trying to save their houses feel their rights come second in a state-sponsored, breathless rush to foreclose.

Senior Finance Reporter Alison Fitzgerald spent months investigating the underlying causes of Florida’s foreclosure frenzy, and we wanted to know more about the story behind that effort.

 

What I saw is that the initiative tilts the legal system in favor of banks. For that small fraction of homeowners who are defending their homes, they are now fighting not only banks, but also the state. When a court or judge tries to move a case forward, they are by default working on behalf of the bank which brought the case. And they are giving the banks leeway in terms of evidence they would never give to a homeowner.

I reviewed dozens of trial transcripts, talked to more lawyers than I can count and at least a half dozen homeowners fighting foreclosure and then I went down there to see for myself. It all pointed to this conclusion.

 

 

read more….

 

http://news.yahoo.com/investigating-floridas-parallel-legal-system-140152449.html

Robert Paul

Robert is a realtor in Bedford NY. He has been successfully working with buyers and sellers for years. His local area of expertise includes Bedford, Pound Ridge, Armonk, Lewisboro, Chappaqua and Katonah. When you have a local real estate question please call 914-325-5758.

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