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Florida Foreclosure Process Allows Sale to Proceed on Modified Loan

By January 14, 2014 No Comments

The Florida foreclosure process over the past few years has brought every different kind of malfeasance to light.  Whether it was attorney misconduct, banks foreclosing on homeowners who were current, or banks lending in racially discriminatory manners, very few have made it through the last few years with reputations unscathed.  From this mire of unpleasantness, we bring you this latest story of sordid bank conduct.

It appears that a man taking care of his cancer-ridden wife fell behind on his loan payments, but was eventually able to obtain a loan modification.  Guess what: shocker, the bank went ahead and sold his property anyway.  There is more than one party at fault though; just as we can blame a bank for not having its paperwork in order, we should also question the court administration that allows such an auction to go forward.

All too often, courts are overeager in their attempt to process cases quickly.  What such actors ignore, however, is the mountain of empirical evidence that shows that vacancies – not whether a foreclosure case lasts a long time – are the cause of blight, crime, and depressed home values.  Thus, every day that we can keep a family in a home, we are helping our communities.  The unhindered rush towards judgment amongst certain court administrators is simply not supported by empirical evidence.  As this unfortunate story highlights, the human consequences of the rush towards judgment and sale can be dire indeed.