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Florida Courts brusquely clear foreclosure cases

Foreclosure decision impacts future cases
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In the last year, Florida foreclosure judges have been working to get rid of old cases and clear the court dockets. Unfortunately, in many cases, clearing court dockets means giving homes back to the banks. This is bad news for homeowners who have been desperately struggling to keep their homes.

A year ago, the state Legislature and Supreme Court mandated that old cases be cleared from the court dockets in an effort to clean the mess left by the housing crash and recession. This mandate is known as the Foreclosure Backlog Reduction Plan. The state set a goal of disposing 256,000 cases in each of the three years of the effort. The goal of the Florida Legislature and the judicial leaders was to help the state’s economy by moving properties out of foreclosure in compliance with the state time standards. All this while ensuring that the due process rights of litigants were maintained.

Despite the original intention, for homeowners the result has been an obvious disregard for their private property rights, while for the banks it has resulted in a gain of billions worth of assets. The fact that thousands of families will be removed from their homes has the potential to be destructive to the economic recovery.

While clearing the court docket in theory is practical there is much more that must be considered including the human factor. At Graham Legal, P.A. we understand that borrowers, banks, and homeowners associations want to move on and get past the worst economic downturn since the Great Depression, but we strongly believe the integrity of the due process must be maintained and adhered to. Attempting to get people out of their home without the due process doesn’t help homeowners and it doesn’t help improve economic conditions.

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