On Friday, late in the day, when
almost everyone else had already gone home Gov. Scott signed house bill 87 that
will speed up foreclosures.
Florida Gov. Rick Scott, ignoring veto pleas from
consumer advocates, on Friday signed two measures into law that could affect
renters and homeowners across the state. One bill, House Bill 87, will speed up the foreclosure process in
Florida. The other makes it easier for landlords to evict tenants.
The landlord-tenant bill comes at a time when more and more people in the state
have become renters due to the foreclosure crisis that has troubled Florida for
years. Many homeowners have been displaced from their original homesteads due
to the Foreclosure crisis of the past few years.
Under the new law, a tenant could pay partial rent and still be evicted within
days if they fail to turn over the rest of the money. The measure would also
allow a landlord to evict a tenant if a person breaks rules twice in one year.
Those rules can include parking in the wrong spot or having an unauthorized
pet.
Florida was one of the hardest hit by the Foreclosure
Crisis that began in late 2007. Those
foreclosure cases quickly swamped an already overworked court system even to
this day.
Rep. Kathleen Passidomo, R-Naples, said earlier this year
that her bill preserves due-process rights for distressed homeowners while trying
to stimulate Florida's real-estate market by getting foreclosed property
"back into the stream of commerce."
The legislation would make banks prove in more detail that they own a mortgage
or explain why they can't prove ownership. It also creates a process for others
besides mortgage-holders to ask the court to speed up foreclosure cases. Another key provision would reduce the
statute of limitations, or amount of time, for banks to go after foreclosed
homeowners on deficiency judgments -- from five years to one year. Deficiencies
are the difference between the money obtained from selling a foreclosed home
and what the original homeowner still owes on it.
Governor Scott, in a bill signing letter, contended that the legislation would
"bring more certainty to the housing market." "This process will
put these homes back onto the housing market and allow Florida families who
have experienced a foreclosure to begin working to repair their credit and
finances," Scott wrote.
The law will also allow any lienholder, including community associations (HOA’s), to request a so-called “show cause” order that would require a homeowner to muster a defense more quickly and give the judge the ability to make a faster ruling. You see people, this is one reason I’ve always said, “Pay the HOA as long as you can”.
Personally I think it’s going to bring a lot more than
that. We all know it’s going to put a lot more inventory on the market. Real
Estate prices have risen due to lack of inventory for one. What do you suppose
will happen when we have twice the amount of inventory on the market? The hedge
fund investors that were buying up everything have already moved onto better
investment choices since the price increases so many are not in the market
right now. This could mean we are seeing
the beginning of the second Foreclosure Bubble here in Florida.
Lawyers who represent homeowners in foreclosure cases
have already said they plan to sue to challenge the new foreclosure law. Matt
Weidner, a St. Petersburg attorney, said one of the provisions of the bill
limits the ability of a judge to correct a simple mistake in a foreclosure
order.
"This finality of foreclosure provision provides
that if a home is lost to foreclosure, even if the foreclosure was the product
of gross fraud, complete error or total mistake, the innocent consumer can
never, ever get their home back," Weidner stated.
With the timeline for deficiency judgments from the banks
reduced to one year from five, you know they will seek to collect it now.
Either the banks will start in house collections or there will be mass
deficiency judgment docs sold to collection companies. Maybe this will become
another new investment area for those hedge fund companies out there.
In a nutshell what we have here is that the Governor
signed bill, HB87, is helping the banks and not preserving the Homeowners
Rights. The new law, which is now law,
makes proof irrelevant if the court chooses to disregard it. For non-owner
occupied home owners must pay contested mortgage payments into a court
registry, even if the bank can not prove it owns the home, in order to maintain
foreclosure defense. BH87 makes foreclosure judgments final. If the foreclosure
was obtained by fraud, after judgment the former homeowner can never challenge
it. Under HB87 the banks would not have to prove their foreclosure case as they
do now. You say you already began the process a month ago? HB87 allows current
cases in litigation to be subject to a new legal standard that did not exist
when the case was filed. That gives the banks an unfair advantage in current
foreclosure cases.
Tomorrow will begin a new day for Florida Foreclosures
and the people that have already been served and those going through a short
sale right now. Many are feeling that this new law will put a dead stop on the
Short Sale. Especially if a lender can foreclose in 45 days, many banks need
that much time just to get a loan finished so a buyer can buy a short sale, and
that is only after the short sale has been approved.
Never a dull moment here in the sunshine state,
especially when it comes to what looks like becoming The Florida Foreclosure
Crisis.
Paul Antonelli
That Short Sale Guy
REALTOR & BROKER at
ANTONELLI Realty
Orlando, FL
321-443-4028