Having experience here, it is clear that the the majority of Florida Courts (especially in South Florida, are fast tracking foreclosures at the expense of the State’s citizens. This is being done even though the laws and the recent Nationwide settlement should protect homeowners. For whatever reason, the Courts have decided to disregard these rights.
For once, Attorney General Pam Bondi has done something and she sent a letter this month to the Florida Supreme Court and chief judges statewide reminding them that in the push to move foreclosure cases forward, they must also consider the nationwide settlement reached last year with five major lenders. The letter, sent Sept. 3 to Chief Justice Ricky Polston, comes at a time when foreclosure defense attorneys complain the settlement is being violated by a judiciary that often refuses to cancel foreclosure sales or delay judgments when a mortgage modification is under consideration.
According to the settlement, which requires specific customer service standards, banks must ask the court to delay the case if a modification or other solution is pending. “These standards may impact cases in our trial courts and therefore I want to bring to your attention some general information about them and their potential overlap with foreclosure litigation,” Bondi wrote. Bondi attached a fact sheet about the servicing standards that could impact foreclosure court rulings.
All across Florida we are seeing these abuses. They need to stop. Hopefully, the Courts listen to the Attorney General of the State.