The case against non-judicial foreclosure

You may remember recently the state of Florida tried to enact non-judicial foreclosures.  Of course, it was only against non-homestead properties.  Don’t think for one second that this was just an incremental step toward eliminating the court process from foreclosures all together.  Why should you be concerned about this?  Try a soldier losing his home while serving in Iraq:

“Michael Clauer is a captain in the Army Reserve who commanded over 100 soldiers in Iraq. But while he was fighting for his country, a different kind of battle was brewing on the home front. Last September, Michael returned to Frisco, Texas, to find that his homeowners’ association had foreclosed on his $300,000 house—and sold it for $3,500.”

In Texas, a homeowner’s association and a mortgage company, so long as the mortgage has proper language, can foreclose without a hearing.  The deprivation of process is clear.  Let’s hope it doesn’t happen in Florida.


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