Florida AG: Foreclosures Must Be Done Within the Law

Unlike her predecessor, newly sworn Attorney General Pam Bondi raises the visibility of Florida’s mortgage foreclosure crisis. Let’s hope she follows through with affirmative action.

Palm Coast, FL – January 10, 2011 – Florida’s newly sworn Attorney General Pam Bondi released a highly critical presentation detailing legal issues surrounding the crisis. The presentation indicates a thorough understanding of the problem. It’s not a simple case sloppy proceedutes. It goes to the heart of Florida’s judicial foreclosure system. She concludes: 
Any solution must include:
Assuring the integrity to the judicial foreclosure process
  • Documents submitted must be true and accurate
  • Affidavits must be proper in substance and form
  • Assignments must be properly executed and accurate
Due process rights to the foreclosed homeowners
  • Proper service of process on the homeowner
  • Proper standing to sue by the plaintiff Bank
  • Substantive review of paperwork prior to foreclosure
Foreclosures will have to go forward and there will be many more next year, but they need to done within the law.
Bondi’s predecessor’s investigative efforts seemed focused on mortgage rescue scams rather that the documentation problems which is at the heart of the foreclosure crisis. Let’s hope that she follows through with affirmative action.

1 reply
  1. George Meegan
    George Meegan says:

    No Police vacating until court satisfied

    This now makes the eviction notices subject to court approved paperwork. So anyone in a property can stay until court has issued a notice of satisfaction of procedure. That’s good for homeowners, that sometimes panic and leave with just a bank issued notice of forclosure that has not been issued by the court. It’s now just like divorce procedings where final resolutions have to be meet before courts will grant it.It should have been that way for years, but Lawyers and Judges have been rubber stamping foreclosures just as Banks have been using machine generated signatures without reading the paperwork.Of course the law also burdens the taxes on the property lien foreclosures, as they now are less likely to prevail if banks nove quickly with the new procedures.

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