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autorank

(29,456 posts)
Fri May 10, 2013, 07:39 PM May 2013

Time critical - Florida HB 87, Homeowners, and the Foreclosure Inferno

There's still a chance, slight but real, that Scott will veto this awful bill. He could have signed it several days ago and he has not as of the end of business today.

Florida HB 87, Homeowners, and the Foreclosure Inferno
By Michael Collins, on May 10th, 2013

A bill passed last week by the Florida legislature offers efficiencies and advantages to banks that may launch a major increase in foreclosures in the state known for its volatile real estate market. The only thing standing in the way is a veto by Governor Rick Scott. (Image: Nathan Rein)

HB 87 shifts the burden of proof from the plaintiff, typically a bank, to the defendant, the homeowner. If the bill is signed into law, homeowners must prove that the bank lacks the legal right to take your home within 20 to 45 days of the date that the bank served the foreclosure notice. The reduced timeline restricts the ability to gather evidence from the bank and test it (Does the bank actually have a legal record of your mortgage?). Without the time to discover evidence, homeowners are at a major disadvantage at the initial hearing or appealing a decision, presuming there are funds for an appeal.

Link: http://agonist.org/florida-hb-87-homeowners-and-the-foreclosure-inferno/
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