The following article was originally published in the Daily Business Review by Adolfo Pesquera and has been republished in the South Florida Law Blog with excerpts from foreclosure defense attorney Roy Oppenheim.
A few good men and women last week enjoyed a lively conference in a mock courtroom to discuss the state of residential homeowners and foreclosure law in Florida.
Tougher standards for getting evidence into the record is having a profound effect on the number of new residential foreclosure cases being filed in Florida, a panel of circuit judges told a hall of defense attorneys.
However, as homeowners win more dismissals, foreclosure defense attorneys are finding the homes come with a catch — title insurance is virtually impossible to get.
Throughout the discussion, foreclosure attorneys vented their frustration over court procedures. They cited numerous situations where judges bent over backward to accommodate lenders seeking foreclosure.
Broward Circuit Judge Sandra Perlman acknowledged plaintiffs delays were a problem, but the appellate courts give them great leeway. Until that changes, she said trial court judges will feel obliged to grant continuances. Continue reading