The Florida foreclosure process was very friendly to banks and a challenge for homeowners before HB 87. If the bill is signed, the banks will have an even greater advantage. The burden of proof will be shifted to homeowners at foreclosure hearings. They will need to prove that they should not be evicted. Currently, the plaintiff, the bank, has the burden of proof in accord with nearly 250 years of legal tradition in the United States. For homeowners who contest the foreclosure, the ability to gather evidence and test the banks claims is virtually eliminated.
The banks may be unveiling some grand strategy to boost their efforts to evict homeowners and take their homes. March 2013 foreclosure starts were up 200% in New York, 194% in Maryland, and 154% in Washington State. Were those huge increases preceded by some supposedly consumer friendly legislation like HB 87?