A Foreclosure expedition Bill sponsored by a Naples Mortgage Foreclosure attorney died at the end of the 2012 lawmaking session in Tallahassee, FL. HB 213, as it was known in the House, entered the Senate, albeit somewhat tweaked, as SB 1890. The House measure passed with flying colors, and SB 1890 passed the Senate committee by a 6-4 vote. However, the Bill then fizzled into the distance as the lawmaking session ended with no final vote on the measure.
Passage would have accelerated foreclosure proceedings on abandoned properties and also made it easier for lenders to complete proceedings in cases in which both parties reached an agreement. It also lessened the length of time lenders could go after a borrower for a deficiency judgment on a foreclosure sale from five years to one.
The Bill was seen as controversial with many homeowners and opponents hurling criticism at the Bill's supporters. Opponents complained that foreclosed homeowners would not have time to put on a sufficient defense and also that it did not punish banks that pushed shoppers into homes they couldn't afford and then relied on faulty documentation on which to bring a claim. The Bill would have also allowed any lien holder, including a homeowners association, to utilize the expedited process.
It appears homeowners have scored a victory in this Bills death. Banks will still have to afford Due Process rights to homeowners, whether or not homes are abandoned or not. If you are in Jacksonville, FL or the surrounding areas and have questions regarding a pending or expected Foreclosure proceeding, contact a Jacksonville Foreclosure Defense Attorney today.