Archive for June 25th, 2013

Foreclosure Filings About to Drastically Decrease … The Irony of it All

As I recently explained in this blog post, the signing of HB87 into law creates a whole new list of requirements which foreclosure plaintiffs must follow, effective July 1, 2013.  No longer can the banks file a boilerplate, cut-and-paste complaint for foreclosure; they must now specify certain information in each complaint, as set forth in Fla. Stat. 702.015.

I was sitting in court today, June 25, 2013, and several plaintiffs’ attorneys made it clear that the banks are rushing to file as many foreclosure complaints as possible before July 1, before these new pleading requirements take effect.  They likewise made it clear that, once July 1 comes, there will be a significant decrease in filings, as the banks are unwilling and/or unable to comply with the requirements of the statute, at least in the short term.  As a result, it’s clear to me that Florida will see a significant reduction in foreclosure lawsuits being filed, starting on July 1 and continuing, I suspect, through the rest of the summer.

Ironic, isn’t it?  The legislature creates a new law intended to push foreclosures through the system faster, yet the law is so poorly-drafted and ill-conceived it actually has precisely the opposite effect.

You mean we have to include information in our Complaints showing we are entitled to foreclose?  Under oath?  We can’t possibly do that.  It’s time to stop filing cases. 


Mark Stopa

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