Florida Foreclosure Defense Lawyers Blog

A statewide review of foreclosure cases recently completed by the Palm Beach Post shows evidence that foreclosure judges across the state are growing tired of the practices and tactics utilized by plaintiffs and are starting to put forth allegations of fraud on the court. The numbers of foreclosure complaints being dismissed by judges for questionable paperwork with some judges going so far as to award homeowners their home free and clear as a result of plaintiffs errors.

The Florida Bar Association, the Florida Attorney General's Office and Federal authorities have investigated eight of the Florida "foreclosure mills" amidst widespread allegations of both signature and document fraud. The Palm Beach Post report highlights several instances where Florida circuit court judges have heavily criticized plaintiff's attorneys, in open court, regarding their "shoddy" practices.

If you are facing a Florida Foreclosure Lawsuit and you believe that you have been a victim of fraud, contact a Jacksonville Foreclosure Lawyer or a Florida Foreclosure Lawyer today to have your case reviewed and see what foreclosure defense options may be available to help save your home.

To read the full Palm Beach Post article, click here.

The Florida Office of State Courts Administration just released the statewide stats from the first three months of rocket docket operations and the numbers are startling. From the period of July 1 through September 30, Florida courts disposed of 65,830 foreclosure cases with almost 71% of those cases being decided in "rocket docket" hearings where cases are decided in a matter of minutes. Palm Beach County was the most prolific at getting rid of foreclosure cases, ridding the county of 9.846 foreclosure cases. In that same time period only 23 foreclosure cases went to trial, less than 1% of the disposed of cases.

The "rocket docket" courts were created to stimulate the Florida housing market by ridding the state of the mass of foreclosure cases and getting homes back onto the housing market quickly. While the numbers of cases being cleared is astonishing, there are 396,509 foreclosure cases still active in Florida courts. Most of the cases being cleared by "rocket docket" courts are those where the homeowner doesn't respond to the foreclosure suit or where they are not represented by an attorney. In most cases, to defeat the "rocket docket" hearing all a homeowner needs is one issue of legal fact!

If you are facing a Florida Foreclosure Lawsuit in one of the "rocket docket" courts, contact a Jacksonville Foreclosure Defense Lawyer or a Florida Foreclosure Defense Lawyer today to review your case and determine what defenses may be available to you.

There are many defenses to a Florida Foreclosure Lawsuit. Some of these defenses will defeat a Foreclosure Lawsuit, while others will entitle the homeowner to monetary damages. These defenses include, but are not limited to: a violation of the Truth in Lending Act (TILA), breach of contract, violation of the Real Estate Settlement Procedures Act (RESPA), unfair debt collection practices under the Fair Debt Collection Practices Act (FDCPA), reporting inaccurate information to a credit bureau under the Fair Credit Reporting Act (FCRA), plaintiff is not a real party in interest, and unconscionability. These are but a few of the available defenses to a foreclosure lawsuit.

If you are facing a Florida Foreclosure Lawsuit and would like to properly defend yourself from your lenders, contact a Florida Foreclosure Lawyer or a Jacksonville Foreclosure Defense Lawyer for a free consultation.