It is being reported that lenders will be able to avoid due process if If Florida House HB 87 and Florida Senate SB 1666 become law. Under these conditions, is there any reason to engage a foreclosure defense attorney?
No, it is the exact opposite. HB 87 and SB 1666 represent an outrageous attempt to deprive foreclosure defendants of their Constitutional rights. These bills are so one-sided and unfair it is breathtaking. While numerous other states' legislatures are enacting legislation designed to prevent the mortgage industry from committing fraud and trampling on the rights of borrowers (i.e. California, Nevada, New York, Illinois), Florida is attempting to do the exact opposite, and to prevent borrowers from defending themselves.
Anyone seeing this who is a borrower, whether in default or not, or who cares about anyone who is a borrower, or who cares about the Constitutional rights Americans have served for and fought and died died to protect should DEMAND that your legislators VOTE NO on HB 87 and SB 1666, and do it IMMEDIATELY. Anyone who does not know how to contact your legislators, if you contact my office, we will tell you how.
To answer your question, the answer is exactly the opposite. If, God forbid, these unconstitutional bills become law, it will be MORE CRITICAL THAN EVER, that homeowners facing foreclosure retain EXPERIENCED litigation defense attorneys, who know how to get real solutions for their clients, or they will not have a chance of surviving this mess. There are many attorneys in Florida who have taken on foreclosure defense clients promising them "delay". Of course, this solves nothing for the client, and does not provide any way out of their problem, and,m with the expedited procedures available if the bills pass, will not even work. In addition to defending borrowers in foreclosure, I have also been working on building viable communication with the major mortgage companies to find ways to work out our clients' loans that do not depend on Florida law. We currently have programs in place with Bank of America and Ocwen (and Ocwen has purchased the loan servicing of HomEq, Litton, AHMSI, Saxon and GMAC), and are working on getting similar programs in place with the other major mortgage companies.
PLEASE, CONTACT YOUR LEGISLATORS and DEMAND that they VOTE NO on HB 87 and SB 1666. The bills are UNFAIR and UNCONSTITUTIONAL.
Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-client relationship is created or is intended to be created hereby. You should contact a local attorney to discuss and to obtain legal advice.
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