Archive for January 4th, 2011

Foreclosure Report from Florida AG

I just had the pleasure to read Foreclosure Report from Florida Attorney General.  Wow.  Just … wow. 

To all of you out there who question the existence of foreclosure fraud, you must read this report. 

To those of you who wonder whether homeowners could ever have valid defenses to foreclosure, you must read this report. 

To anyone who thinks banks are have done nothing wrong, you must read this report. 

As you do, bear in mind – this isn’t coming from me, a foreclosure defense attorney, or a “disgruntled” homeowner.  This report comes from the Florida Attorney General

The entire report is awesome, but I particularly like the solutions suggested by the AG:

1.  Assuring the integrity to the judicial foreclosure process

     – Documents submitted must be true and accurate

     – Affidavits must be proper in substance and form

     – Assignments must be properly executed and accurate

2.  Due Process Rights to the Foreclosed Homeowners

     – Proper Service of Process on the Homeowner

     – Proper Standing to sue by the Plaintiff Bank

     – Substantive review of paperwork prior to foreclosure

Foreclosures will have to go forward, and there will be many more next year, but they need to be done within the law.

Mark Stopa

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