House Bill 87: The Foreclosure “Rocket Docket”

By Jackson Law Group
July 24th, 2013

Posted in Tax Law & IRS Defense

House Bill 87 was signed on June 7, 2013 and aims to speed up the foreclosure process.  Homeowners are now subject to a Judgment of Foreclosure as soon as 45 days after being served with a complaint.  See Fla. Stat. §702.10.   Upon request by a lienholder and after examination of the court file, the Court “shall promptly” enter an order to show cause.  Upon hearing on the order to show cause, which can be held as soon as 45 days after service of the initial complaint, if the Court determines that homeowner is unable to show “good cause” as to why the foreclosure judgment should not be entered against him or her, the Court may enter the same.  This limited time frame severely cripples the Homeowner’s ability to pursue foreclosure alternatives such as loan modification or short sale.  Thus, a homeowner who is served with a foreclosure complaint and who wishes to keep his or her home or who wishes to seek foreclosure alternatives should, now more than ever before, immediately seek the services of an attorney.  A link to House Bill 87 in its entirety is below.

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