The mortgage companies want it to be. Right now Florida, unlike Alabama, is a judicial foreclosure state which means the mortgage companies and banks that want to foreclose have to prove their case in court. They don’t like to do this. Because they usually can’t. Here’s what a friend of ours in Florida, Chip Parker, says in a scathing blog post about efforts in Florida to turn the foreclosure process into a non judicial one:
As a Florida foreclosure defense attorney with over 500 actively defended foreclosure cases, I believe the banks have “thrown in the towel” in the cases I’m defending. I cannot recall the last time the plaintiff in a foreclosure case came to a court hearing with an intelligent argument that resulted in a ruling against the homeowner.
Since the plaintiffs rely on fraud in almost every foreclosure case, good defense lawyers are always frequency-tuned to find the lies, and now that Circuit Court judges have been exposed to the stench of foreclosure mill pleadings, more judges are looking at each foreclosure with more skepticism.
We in Alabama who face foreclosures that quickly proceed through the Three Stages Of Foreclosure often look at Florida with some envy since the courts at least get to review the foreclosures. We did not expect that to change but it seems the mortgage companies want to change the rules since they are not winning under the current rules.
If you live in Florida and are reading this – let your representatives know you oppose this non sense.
If you live in Alabama and are facing foreclosure, make sure you stand up for your rights and fight back against wrongful foreclosure. We don’t have judicial review unless you take your case to court to stop wrongful foreclosures.
Our tele seminar on Wrongful Foreclosure In Alabama happened last month and if you live in Alabama and would like the audio let us know. We are getting a transcript but don’t have it typed up yet.
Also if you have already been foreclosed and are facing an Ejectment Action in Alabama, on Tuesday February 9, 2010 we are offering an hour long tele seminar on the Five Critical Mistakes Often Made When Sued For Ejectment In Alabama. This is free and you can contact us to let us know you want to be on the call.
Feel free to contact us through our website or you can call us at 205-879-2447.