Florida Supreme Court Tightening Foreclosure Rules
By Todd Ruger
http://www.heraldtribune.com/article/20100605/ARTICLE/6051036?tc=ar
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“The Florida Supreme Court has reaffirmed its fight against the sloppy legal work being used to retake homes in thousands of foreclosure cases across the state.
A review of Manatee and Sarasota county cases showed attorneys for banks and lenders had widely ignored a new high court rule that requires them to verify — under penalty of perjury — the accuracy of allegations and paperwork in the foreclosure case.
When local judges started throwing out the foreclosure cases for that reason, some attorneys for lenders contended that the rule, created in February, was not yet in effect.”
I have one issue with this piece...the definition of “sloppy”: Marked by a lack of care or precision; slipshod
If this were “sloppy” the end result would not be the same millions of times!
This is INTENTIONAL and CAREFULLY planned! Florida is the Tip of the Spear!
In a nutshell, the article I link to above can be summarized:
Foreclosure Mills: Do we really have to follow the law?
Florida Supreme Court: YES you DO.
http://www.foreclosurehamlet.org
“Foreclosure Mills: Do we really have to follow the law?
Florida Supreme Court: YES you DO.”
“Foreclosure Mills” - aka property owners/capitalists.
This does nothing but reduce folks to “squatter” status.
It helps no one - not the lender, not the borrower. It will kill entire cities - nobody will pay their mortgage, and nobody will pay their property tax - let the municipality foreclose for tax non-payment and then sell to whom, and for what?
The only salient fact is “did the borrow pay as agreed” if not, then foreclosure should swiftly follow.
This is not to punish the delinquent borrower - they get to escape an obligation they cannot or will not pay - this is to ensure that society remains orderly, and local governments can provide whatever services people decide they want.
We are fostering “little Detroits” all over this country by focusing on legal technicalities to let people squat in homes they used to “own” as mortgage payers.
The Florida Supremes are not above being law unto themselves. They decreed that all foreclosures must go to mandatory mediation at $750 a pop, and raised the filing fee to $900 for filing foreclosure actions. Guess who will pay that next time they apply for a new mortgage?