Sarasota real estate foreclosures just got a little tougher, suggests recent Sarasota Herald-Tribune article.
Sarasota homes for sale need a tournaquet to stop the "price" bleeding!
Apparently, Sarasota County judges presiding over foreclosures have noticed a shocking reality among lawyers working for banks.
Lying (is) part of some foreclosure efforts!
What?
Could it really be true that (some) lawyers representing banks are lying to judges in order to expedite foreclosures? As you can imagine, this headline jumped off the page at me.
Wait, should this surprise me (or you)? Did you hear about the New York judge that threw out a foreclosure against Long Island homeowners, citing egregious behavior by the BANK. Big surprise!
For more than 3 years now, I’ve been trying to help homeowners avoid foreclosure. It’s common to see the Complaint include a Count stating the original paperwork cannot be found…that it’s lost or stolen.
Click Read More now to discover how Sarasota is holding “banks” responsible for clean files.
SARASOTA JUDGES RAISE BROW TOWARD BANKS’ FORECLOSURE ATTORNEYS
Lost, stolen or misplaced paperwork alone has given rise to foreclosure defense motions demanding mortgage debt owners produce original paperwork. Many homeowners in trouble have been able to remain in their homes for months (many months) just by responding to the Complaint and paying attention to the paperwork.
Now, distressed homeowners hear judges cite (some) attorneys for sloppy filings.
Herald-Tribune cited Circuit Judge Donna Berlin who was ready to sign off on a Motion to return a property back to the debt owner. Berlin states the foreclosure attorney confirmed “…everything was in order” (referring to all paperwork).
Berlin apparently glanced at the file, seeing the two properties were in Miami — a few hundred miles out of her jurisdiction.
Berlin states she didn’t have time to go through and read the filing…that’s not something she typically does. Okay, if that’s NOT something a judge does then who confirms accuracy?
Who is SUPPOSED to confirm accuracy?
The HOMEOWNER quickly comes to mind.
Yes, I realize homeowners are freaked out. Many have emotionally checked out or seriously are overwhelmed.
On the other hand, critics say it doesn’t matter if all paperwork is not in order or if attorneys “lie” to expedite foreclosures. In critics’ minds, it’s as simple as this: Is the homeowner paying his mortgage?
If he isn’t, he has no right to the property, so critics think and say.
How unequivocally STUPID! Alleged debt owners have an obligation to prove they own the debt. Banks engaged in bacchanal bashes during the boom years and now have no clue who owns what.
A Sarasota attorney, Richard Kessler, recently proved just how bad error-filled foreclosure paperwork really is.
Kessler and a few friends reviewed 180 foreclosure cases filed in Sarasota County. Of those 180 foreclosures, Kessler was SHOCKED to discover THREE out of FOUR filings proceeded without proper or complete documentation.
Only 1 of 12 foreclosure filings had the documents to prove the company foreclosing on the property was also the company holding the mortgage note!
WOW!
Unfortunately, Sarasota County cannot afford to help homeowners in trouble. Kessler claims he went to Sarasota County’s Judge Haworth, offering to review foreclosure cases. Haworth declined, citing budget restraints.
Instead, Haworth has recruited volunteer law students to review all the foreclosure cases. He also changed court rules to force out-of-town lawyers working for banks to meet with homeowners in trouble, encouraging lawyers to try to settle the case.
This is where the proverbial sh*t has hit the fan. It appears lenders widely ignored the Court’s order requiring lawyers to meet with homeowners to try to settle. Further, some lawyers filed paperwork claiming the homeowners declined to meet,
Ronald and Sandra Smith (according to the Herald-Tribune) had requested mediation with their mortgage debt owner HSBC. They sent financial documentation prior to the meeting.
Apparently, the attorney for the debt owner filed foreclosure papers saying the Smiths had no interest in an alternative to foreclosure.
Did the attorney for the debt owner (HSBC) lie to the Court? Was it a legitimate mistake?
Either way, if you or someone you know is facing foreclosure, facing foreclosure is a must. If you cannot afford an attorney, go to Legal Aid. That’s what the Smiths did.
Talk to an attorney who’[s familiar with foreclosure defense. If you are in the Sarasota, Tampa or Orlando areas, please call me for the name of an attorney who defends property owners against foreclosure.
Don’t expect banks or lawyers working for the banks to serve your interests. These attorneys could care less about the pain you’re experiencing.
Sarasota and Florida foreclosures will increase as job losses continue. Shadow inventory, deteriorating properties rotting away in many Sarasota neighborhoods & short sale nightmares keep realtors and judges scratching their heads. Scroll down to leave a comment if you have a suggestion, concern or comment about Sarasota’s Courts’ crackdown on foreclosure attorneys.
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