With Florida having the nation’s second-highest foreclosure rate and court proceedings taking an average of 638 days, the pressure has mounted for the state to eliminate courts from the foreclosure process. Supporters of the concept-which is used in nearly 30 states, say it will speed up the foreclosure process, get houses back onto the real estate market and boost the economy. Opponents say it puts property owners at the mercy of banks.
Governor Rick Scott, House Speaker Dean Cannon and Senate President Mike Haridopolos are proponents of new legislation which will change Florida laws so judges will no longer be necessary in the foreclosure process. Florida is one of the 20 states that require all foreclosures go through the court system.
Even in states where judges are not forced to preside over foreclosure cases, property owners can take the proceedings to court. However, with the filing fee being nearly $2,000 in the State of Florida, that’s cost prohibitive for most people struggling to keep their home and their finances intact. Taking away individuals’ property rights is denying their ability to access the courts.
This has not been the first attempt to eliminate courts from the foreclosure process. In 2010, the Florida Bankers Association pushed unsuccessfully to change the state’s law so judges did not need to sign off on foreclosures. Representative Darren Soto, D-Orlando, who fought against the 2010 legislation, said he will fight again if it returns in 2012.
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Foreclosure defense attorney, Timothy Kingcade has helped many facing foreclosure alleviate their stress by letting them stay in their homes for at least another year, allowing them to re-organize their lives. If you have any questions on the topic of foreclosure please feel free to contact me at (305) 285-9100. You can also find useful consumer information on the Kingcade & Garcia, P.A. website at www.miamibankruptcy.com.
