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Proposed Legislation to Eliminate Judges from Foreclosure Proceedings will take away Individuals’ Property Rights and Deny their Ability to Access the Courts

Governor Rick Scott, along with a number of top lawmakers, are proponents of new legislation that will change Florida laws and eliminate judges from the foreclosure process. Even in states where judges are not forced to preside over foreclosure cases, property owners can take the proceedings to court. However, as an attorney representing struggling homeowners throughout South Florida who have suffered a job loss and are drowning in a sea of insurmountable debt, the filing fee is cost prohibitive for them. The filing fee in the State of Florida is nearly $2,000. Many of my clients are living day to day, struggling to keep their homes and provide basic necessities for their families. This proposed legislation, which makes it more difficult for these individuals to access the justice system, is appalling.

Florida is one of the 20 states that require all foreclosures go through the court system. Non-judicial foreclosure proceedings, also known as power-of-sale foreclosures, involve properties being sold without the involvement of the courts often through a public auction. Typically, the lender will issue a notice of default to the borrower and set the date of the foreclosure sale without any assistance from the state or county courts. The proposed non-judicial foreclosure legislation will put Florida property owners at the mercy of the banks.

From the homeowner’s perspective, judicial foreclosure proceedings have three main benefits. First, a judge will review the case, which cuts down on administrative errors and discriminatory results. Second, the judicial foreclosure system offers incentives for lenders to work out agreements or modifications with the borrowers. Third, it buys the homeowner time, allowing them to stay in their home and re-organize their lives and their finances.

The foreclosure process is lengthy and complex; working with an experienced attorney is the best way to protect your interests. Foreclosure defense attorney, Timothy Kingcade has helped many facing foreclosure alleviate their stress by letting them stay in their homes for at least another year, allowing them to re-organize their lives and repair their finances. Since 1996 Kingcade Garcia McMaken has been helping people from all walks of life have a better tomorrow. If you have any questions on this topic please feel free to contact attorney Timothy Kingcade at (305) 285-9100. You can also find useful consumer information on the Kingcade Garcia McMaken website at

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