For the third time since 2010, Florida lawmakers introduced a bill designed to accelerate the foreclosure process in the state. House Bill 87, otherwise known as the “Fair Foreclosure Act,” offers a number of changes to civil procedures in foreclosure cases, including limiting discovery time available to owners and requiring lenders to file the original note or certification that they have the note. The bill makes these changes retroactively, so pending cases would be affected as by the legislation. Proponents of the Fair Foreclosure Act argue that it provides community associations with leverage against banks that file foreclosure lawsuits against delinquent owners and then fail to litigate the case aggressively. By speeding up the foreclosure process, they argue, the Fair Foreclosure Act helps community associations get rid of delinquent owners who incur massive arrearages during the pendency of a long foreclosure process. Detractors counter that the bill does not incentivize the banks to prosecute a foreclosure aggressively, and that most of the changes place too great a burden on homeowners.
As of February 7, the Fair Foreclosure Act is being reviewed by the Civil Justice Subcommittee. You can read a copy of the original filed version here.
Chaired by Partner Joshua D. Krut, our Community Association, Club and Resort Practice Group offers a small boutique team approach where each client is valued and is not just a “number” among hundreds of thousands of similar clients. The Group is dedicated to providing innovative, responsive and cost-effective legal services to condominium associations and homeowners’ associations. We pride ourselves on our aggressive and creative strategies to recover past-due maintenance penalties, and vigorously represent our clients in all manner of foreclosure litigation.
Author(s): Brooke P. Dolara
