Wednesday, April 3, 2013

More on Florida House Bill 87: Proof the system isn't broken

I've blogged about Florida House Bill 87, which would change the procedures for the foreclosure process in Florida so that the burden of proof would be on the homeowner to prove that the foreclosure shouldn't happen instead of the current system, where the bank would have to show that the foreclosure should happen.

Those behind the law say that it just wants to streamline the process and points to the fact that it currently takes an average of 2 and a half years for the foreclosure process to happen.

Wow. That is a long time. The process must be broken if it has always taken that long.

What's that? It hasn't always taken that long? In 2007 it took less than 6 months for the process to happen.

The process hasn't changed since 2007 but the timeline has had a 5 fold increase. Which makes me think that maybe the process isn't the problem, but the parties involved. Either we need more foreclosure courts to handle the increased caseload. Or banks need to not use potentially illegal paperwork (which then forces them to have to wait to complete the case with the non-fraud paperwork). But the process is not the problem.

Which brings up one of the largest problems with House Bill 87, it is a permanent solution to a temporary situation. One day (possibly when we all have flying cars) the housing crisis will be over and things will be back to normal. Except homeowners will have lost their procedural rights because of this law. They are changing the court system to solve a problem that is not going to last forever. It is like deciding to throw away all your lamps because the power went off.

HB 87 call still be stopped. Find your Florida Rep. and let them know that you are against this bill (also known as Senate Bill 1666). 

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