How Will the Florida Non Judicial Foreclosure Bill Impact Your Litigation?
Florida’s Governor Rick Scott signed House Bill 87 into law on June 7, 2013. This bill is often referred to as the Florida Non Judicial Foreclosure Bill, . It is important that families facing a foreclosure in Orlando understand how this bill might impact them.
The Florida Non Judicial Foreclosure Bill is designed to provide the courts with a faster foreclosure process. This is done using a procedure called an order to show cause. The bill amends § 702.10, Florida Statutes and allows the bank to request that the Court require that a homeowner come to court. At court the homeowner must explain why the court should not award the bank the foreclosure. If a homeowner fails to show the court that it has valid defenses to the foreclosure lawsuit, the court may award the bank the relief it is requesting. This can occur even when the homeowner fails to show up.
Even if a homeowner is able to show valid defenses, the Florida Non Judicial Foreclosure Bill also allows the bank to have the court require a homeowner with valid defenses to deposit their mortgage payments into the court registry during the pendency of the court case. This can become difficult for a homeowner facing foreclosure to pay for the expenses associated with properly defending their foreclosure case.
This new bill requires a homeowner to raise defenses in a very specific way. This includes filing what is referred to as “sworn-to” testimony with the court prior to the show cause hearing.
If you are facing a foreclosure anywhere in Central Florida or Orlando and would like more information on how the Florida Non Judicial Foreclosure Bill might impact you, contact us to schedule a pressure free legal consultation at 800-399-8440.