Welcome to the first post of the Oppenheim Law Blog, focused on South Florida foreclosures.
We started this blog to keep you up to date on newsworthy legal topics, such as Florida foreclosure law, internet ventures, and personal injury law. Our Florida law professionals will give advice on how these topics affect you and how you should respond. The general public, the news media, and the legal industry will find this blog a valuable resource to keep a finger on the pulse of legal issues in South Florida. We hope you will engage with us, leave comments, and ask questions as you stay informed about legal matters that matter to you.
Pondering Shays’ Rebellion and Florida Foreclosure Laws
You may be reading stories about our Fort Lauderdale law office’s commitment to foreclosure defense. I wanted to take a moment to explain why we’re so dedicated to defending homeowners struggling through the judicial system.
Do you remember Shays’ Rebellion? Some call it the “last battle of the American Revolution.”
Revolutionary War Captain Daniel Shays helped organize an insurrection against the Massachusetts government in 1787. Unfair laws, high property taxes, poll taxes and unjust court procedures made life worse than before America’s independence from the United Kingdom. While government officials had excessive salaries, those in debt were jailed.
Long story short, the rebellion in the face of this financial and economic crisis led the government to reevaluate the Articles of Confederation and was the impetus to the Constitutional Convention. The result was a new and stronger government under the United States Constitution.
I don’t expect an armed uprising during Florida’s foreclosure crisis, but I do expect homeowners to get upset when they discover that, in many cases, Florida lenders are foreclosing on them without any proof of loan ownership. Some banks are violating homeowners’ Constitutional rights in terms of due process by failing to produce these documents – a legal requirement of foreclosure.
Our internal investigations show this happens more than we’d like to think. So we’re up in arms, so to speak, for homeowners. We want to ensure that homeowners are fairly represented in a court of law and that due process is followed. The bottom line: if the bank can’t prove ownership, they can’t foreclose.
See my recent news about Florida foreclosure law: http://www.oppenheimlaw.com/