On June 7,2013 HB87, also referred to as the “Speedy Foreclosure Law” went into effect. HB87 greatly reduces the bank’s requirements, in filing a foreclosure lawsuit, to prove the mortgage agreement. More importantly, it shortens the timeline for having a foreclosure complaint or action to reach the end of the case and be put up for foreclosure sale and auction.
HB87, Section §702.10 also turns due process laws afforded homeowners and parties to a foreclosure action upside down!
The Plaintiff, or lender, can request what is referred to as an “Order to Show Cause for the entry of Final Judgment in Foreclosure”. The court is then put on notice to immediately review the case without a hearing. That means, a Judge is going to review the bank’s request to end the case and sell the home, without affording the Defendant homeowner an opportunity to argue their case on the merits. Justice is now sacrificed since, as history dictates, many lenders are not completely honest in their dealings, and have both forged or prepared instruments, assignments and other pertinent documents and filed them with the courts. A Judge would not have any way of knowing whether the documents are valid or not.
Section §702.10(1)(a)(1) also allows a Judge to review the complaint without a hearing and issue an order to show cause to the homeowner. The homeowner must then show cause why the house should not be sold. The timelines for this is 20 to 45 days after starting the complaint. This results in a very short timeline to discover evidence and find any defenses in the case that could win the case at trial for a homeowner.
This also violates the Florida Rules of Civil Procedure in that if any depositions of bank witnesses or interrogatories want to be requested by the Defendant, they would not be allowed to do so. Discovery rules almost always implement a 30 day response window. By mandating a response within 20 to 45 days after service, discovery is not possible.
By hiring an attorney to review the foreclosure complaint, the moment you are served, and raise defenses as early as possible, the Order to Show Cause can be cancelled and the case move through the necessary steps to protect the homeowner. The best advice then is to make sure the homeowner has an attorney on their side to review and stop the speedy foreclosure, and protect the homeowners rights.
At the Law Offices of Jacqueline A. Salcines, PA, we have been assisting homeowners and borrowers for almost 14 years now. We can help you save your home too. Call today for a free consultation and to see what we can do for you.