The key to Foreclosure Defense is PROCEDURE, PROCEDURE, PROCEDURE. Court procedure is supposed to apply a legal protocol of checks and balances, assuring that both sides of a case are fairly heard. Witnesses should be sworn in, Rules of Evidence should be followed, and Justice should be served. However, procedure is getting short-changed in some foreclosure courts.
Procedure is sometimes cited at the core of the foreclosure debacle. Starting with the Borrower and the Original Lender: did the Lender run down his checklist to make sure the Borrower fully qualified for the loan? Then following the chain of ownership of the loan: did the note follow the mortgage? Was the debt transferred properly? If not, then who really has the right to foreclose on the house? If the Borrower resolves with the Current Loan Servicer, will another financial institution also claim a right to that debt? Procedure is no small matter when it comes to legal jurisdiction…and procedure should be no small matter in courtroom procedure.
Proper procedure is the difference between hoping and hopping in court. That is right, I am talking about Kangaroo Court, where foreclosure cases come in and get bounced out without consideration of proper procedure. If we are not going to follow legal procedure, why go through the motions?
Yes, there is a tremendous backlog of foreclosure cases in the Florida court system, and yes, the majority of them go through uncontested, but does anyone even look at the paperwork attached to the lawsuit to see if the property referenced is the correct address being foreclosed on?
Without proper procedure, we lose the checks and balances, and compromise justice both now and for the future.