Foreclosure |
By Zac Anderson, Herald-Tribune |
TALLAHASSEE
Lawmakers rammed a controversial fast-track foreclosure bill through a second Senate committee Tuesday, limiting debate on legislation critics say weakens legal protections for homeowners.
The legislation passed the Senate Judiciary Committee 6-2 and is gaining momentum after little activity in recent weeks. Even lawmakers who voted against the bill Monday said they believe it is likely to pass this year, with business groups lining up in support and the opposition dulled by revisions that preserve some legal rights for homeowners.
Jackie Schutz, a spokeswoman for Gov. Rick Scott, said in an email Monday that “with the consumer protections put in the bill, the Governor supports efforts to efficiently handle the foreclosure backlog.”
Lawmakers amended the bill Monday to address some of the most significant criticism — that it forces homeowners to rapidly mount a defense or risk losing their home.
Under language added Monday, homeowners can file any “papers” indicating they have a valid defense and be taken out of the fast-track process.
The amendment “vastly improves” a major aspect of the bill said Alice Vickers, an attorney representing opponents of the legislation.
Sen. Darren Soto, D-Orlando, said the bill “is probably going to pass” but the amendment removes one of the most “egregious” aspects of the legislation. Soto voted against the bill Monday, arguing it still limits homeowners’ rights.
Opponents of the legislation are focusing on a provision that precludes victims of foreclosure fraud from recovering their homes. Under the legislation, a person whose home is improperly seized can only seek financial compensation.
“I don’t think we should change from the American rule that you can always get your property back that’s wrongfully taken,” said Clearwater foreclosure defense attorney Gregory Clark.
Bill sponsor Sen. Jack Latvala, R-Clearwater, said he wants to protect an “innocent buyer” who purchases a foreclosed home from possibly having to give up the property. But Latvala told Vickers after the hearing that he would consider amending the bill to allow people who are true victims of foreclosure fraud to recover their properties.