The Floridians have the right idea. Homeowners’ adovcates are descending upon the capital for the Rally in Tally to assert homeowners’ rights and to fight legislation seeking to impose non-judicial foreclosure in Florida. This is from the Press Release issued by the Lawyers for Homeowner Rights, with the full text here:
Lawyers for Homeowner Rights
April 20, 2010
The points listed in this paper represent some of the most pressing issues currently impacting
Floridians in distress from mortgage foreclosure. The list, though not exhaustive, identifies key
points of advocacy on behalf of homeowners who often do not have any opportunity to be
heard before losing their home.
Lawyers for Homeowner Rights draw attention to these issues to counterbalance long‐standing
public perception that if the homeowner did not pay, then, they will or should lose their home.
Collectively, these assumptions work the most harm to homeowners who have been victimized
by a process designed to generate profits for financial institutions at the expense of others. As
shown in the first point below, even if the homeowner could not make a mortgage payment,
that borrower has the absolute right to be sued by the right party – the actual owner of that
The fundamental and constitutional right to face the real party in interest, directly or indirectly,
cannot be trampled on by any new law, procedure or rocket‐docket intended to speed
foreclosures. Legally speaking being sued for foreclosure by the wrong party is no different
than being sued by the neighbor up the street who never had anything to do with the mortgage
loan. It is a fraud and it has been happening all over the US and in Florida. Our courts and
legislators must put a stop to this NOW.
These points are intended to further the dialog aimed at protecting what is most priceless in
Florida: our people and our way of life. Financial institutions have destroyed thousands of
dreams, hopes and families, although they continue to get away with some of the most
egregious conduct. Lawyers for Homeowner Rights urge that it is time to act against this threat.
A. HOMEOWNERS HAVE RIGHTS
1. The Right to Answer to the Rightful Loan Owner.
a. This includes the right to be sued by the party legally entitled to enforce the
obligation and to right to defend against any party who cannot is not legally
entitled to enforce the loan documents.
b. This right must be protected and enforced by new laws that have stiffer
mandatory penalties for entities who fraudulently pursue foreclosure
2. The Right to A Fair & Impartial Hearing and Protection Against Abuse of Process
a. This includes the right to object and reject false statements and fraudulent or
unethical practices in legal proceedings
b. This includes the right to object to fraudulent, fabricated and fake evidence and
to expect the court to sanction the attorneys and parties that perpetuate such
c. This demands providing foreclosure defendants their constitutional right to have
proper notice of all proceedings and the right to be heard – Faster foreclosures is
not the answer because this deprives litigants of these fundamental rights
d. These rights must be protected by providing judges more resource, mandating
independent examination and establishing statutorily-imposed sanctions for
conduct that infringes on the integrity of judicial proceedings
3. The Right to Expect that Rules of Civil Procedure and Case Law are Applied
Evenly, Even in Foreclosure Cases
a. This includes the right to object when a different standard is used just because
the case is a mortgage foreclosure
b. This right must be protected by prohibiting application of a different standards
used in hearings and adjudication on mortgage foreclosure cases – whether the
litigant is represented by counsel or not