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On January 29th of this year, the Florida Bankers Association presented a bill to the state legislature. This bill, titled The Florida Consumer Protection and Homeowner Credit Rehabilitation Act, will turn the State of Florida into a non-judicial foreclosure state.
What this means, in real terms, is that banks would no longer be required to go through the courts in order to carry through with a foreclosure. The biggest result of this overhaul would mean a much quicker rate of foreclosures, as the non-judicial nature allows banks and lenders to expedite the process and have a foreclosure in as little as 90 days (and up to a maximum of one year, instead of the current 18 month maximum). Many states, including Alabama, Georgia, California, and Texas currently maintain non-judicial foreclosures, and as a loss mitigation counselor I can tell you that it can be a nightmare trying to prevent foreclosures in those states.
The bill would also effectively terminate the current mediation process that exists within the state, thereby removing another outlet for clients trying to prevent foreclosure on their homes. A transition to a non-judicial foreclosure system would provide banks with the opportunity to seek defiency judgements in more cases, meaning that even a foreclosure would not prevent consumers from continuing to owe money to lenders.
The banks claim that all of these changes will serve to reduce the number of homes in Florida stuck in legal limbo and clogging the system. Once the Florida Legislature convenes on March 2nd, they will determine whether or not this bill is in the best interests of their constituents. I personally can only hope that they will find a better way to resolve this mortgage crisis than speeding up the rate by which people see their homes foreclosed.