Florida Foreclosure Jurisprudence 2017
By Oppenheim Law on Deficiency Judgments, Florida Law, Foreclosure, Real Estate & Roy Oppenheim
Roy Oppenheim here again from the trenches. Once again, a happy New Year to you all. I want to talk a little bit of what we can expect in foreclosure jurisprudence as it relates to the state of Florida in the upcoming year. The first thing I can tell you is that many of the rocket dockets have disappeared from most of the circuits in the state of Florida, which means that when you do have a foreclosure, the judges are actually going to invoke the real rules of evidence. There’s gonna be real rules of civil procedure and there will be opportunities to make new law as it relates to some of the shenanigans that have been going on with the banks now for over a decade. A lotta things that they’ve gotten away with in the past they may not necessarily be able to get away with in the future because there will be more diligence by the judges, less cases, and therefore more time for them to actually hear persuasive legal arguments as it relates to the handling of promissory notes, loss notes, assignment of notes, mortgages that have been assigned, swapping plaintiffs in the middle of a lawsuit,, all these kinds of weird things that normally would not be allowed in the rest of the legal world and somehow and have been swept under the rug on a consistent basis in the area of foreclosures. I think we’re gonna have an opportunity to make a mark. The construct of a free house is now out the door with Bartram having been decided by the Supreme Court, but there’s lots of open questions, lots of questions about interest and other payments that are over five years old and to what extent those have to be waved now as a matter of law pursuant to Bartram. So lotta people being re-served. I know it, we’re here. We hope that you will call upon us to assist us as we have in the past. We look forward to serving you in the state of Florida in 2017. Have a great year.