Florida HB 87/ SB 1666 Shifts Burden from Banks to Homeowners!

            A bill recently passed by the Florida Legislature aims to shift the burden of proof in foreclosure cases from the Plaintiff, who is typically a Bank or Trust, to the homeowner. If the bill becomes law, a homeowner in a foreclosure case will have the burden to prove why the Plaintiff does not have the right to foreclose on their home, and—here’s the kicker—the homeowner must do this within 20 to 45 days of the date when they are served with the Summons and Complaint of Foreclosure. Upon filing, the Plaintiff can request an order to show cause. Thereafter, the judge reviews the foreclosure file, in chambers and without a hearing, and then issues an Order directing the homeowner to show cause why a final judgment should not be entered against them. The date of the hearing on the order to show cause cannot be sooner than twenty (20) days after service of the order or forty-five (45) days after service of the initial Complaint. That leaves little time for a homeowner to gather any type if evidence as the Florida Rules of Civil Procedure gives a party thirty (30) days to answer discovery requests. This truncated timeline gives the Plaintiff in a foreclosure case a huge advantage as it is speeds up the process without giving a homeowner adequate time to form a defense. A homeowner would need an attorney the day they are served with the foreclosure lawsuit to enable them to form a proper defense. Most homeowners are stressed and scared as it is with falling behind on payments, now they will have to obtain an attorney as soon as possible to even have a slight chance of not having a foreclosure judgment filed against them.

            As Florida remains to be the number one state in the country for foreclosure activity, the bill was enacted to speed up the foreclosure process and elevate the backlog of foreclosures cases in the Florida court system. But should it come at the cost of homeowners rights? There was an astronomical amount of fraud that came to light earlier in the foreclosure tornado, so much so that foreclosures were put on hold while it was taken care of, and now it seems like it will be even easier to allow the fraud to commence and continue as homeowners will not be afforded enough time to prove any wrongdoings by the Plaintiff if this bill becomes law. The only thing standing in the way of the bill becoming law is a veto by Governor Rick Scott, let’s hope he makes the right decision.

            Here at K/S Attorneys at Law we fight to defend your rights. Now more than ever homeowners must be proactive if they intend on keeping their home. Call us today for your no obligation free consultation, we offer affordable flat fees and actively fight to defend your rights.