No More Free Housing Provided to Florida Homeowners in Foreclosure

by San Antonio Attorney

No more ‘free houses’ for Florida residents who have defaulted on their mortgages but have lived in their homes without payment, according to local news.

The Supreme Court of Florida has a ruling which stipulates lenders to resume foreclosure anytime even if no action was taken.  The previous rule required homeowners to take action within five years after default.

This rule caused a huge impact to delinquent borrowers who were hoping that their pending cases will be dismissed and the banks can’t collect the outstanding debt on mortgage.

Michele Stocker, a lawyer from Fort Lauderdale who represents lenders, said that this case will resolve an important issue for Florida.

Stocker added that this decision will remove the idea that people can reside in a house without any payment after an extended period of time.

Matt Weidner, a lawyer from St.  Petersburg representing delinquent homeowners, said that the ruling was already expected but banks should be more diligent in the process of foreclosure.

Weidner added that homeowners should be aware of the fact that banks always get the upper hand.  Even courts will side with business establishments such as banks and insurance companies.

Lewis Bartram, a homeowner who recently defaulted on his home located in Ponte Vedra beach, had already followed foreclosure proceedings but the case was languished.  Bartram’s case was handled by the law firm of David Stern in 2006.  All cases handled by Stern were halted as the law firm experience collapse due to allegations of fraud.

Unfortunately, Bartram’s case was dismissed after it was proven that the five-year statute of limitations already finished.  In response, the U.S.  Bank appealed the case and was granted the court ruling through the Florida Fifth District Court last 2014.  Bartram has filed for another appeal through the State Supreme Court.

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