Foreclosure Process in Florida and Its Shadow Industry

The Foreclosure Process in Florida has brought all types of questionable conduct to the forefront of public discourse, whether it is attorney misconduct, notary fraud, systematic overappraisals, and similar such issues.  Now, the Huffington Post has brought to light one of the more tawdry aspects of the foreclosure process in Florida.  Namely, a brand new industry of firms that “secure” properties that are vacant or bank owned is garnering more attention.

In particular, HuffPo reports, workers who maintain or secure vacant, foreclosed, or bank owned residences should now be faced with increasingly strict background checks.  The reason for the heightened attention paid to this small corner of the Florida foreclosure process is the innumerable instances of faulty practices:  namely, some homes are “secured,” (in which locks are changed, belongings are strewn onto the street), even when a final judgment has not been entered or even when certificate of title has not passed.

We are enthused that a trade group has generated this proposal for heightened standards.  Yet, as with many other areas of misconduct surrounding the foreclosure process in Florida, we have to ask, when are legislators and the attorney general going to choose to get involved?  Horror stories brought to light by florida foreclosure attorneys and foreclosure defense attorneys regarding wrongfully or prematurely evicted homeowners have been commonplace for quite some time now, and it is the foreclosure industry itself that is making reforms.  As usual, it appears that any legislative or regulatory response will be far too little, too late, for those families whose lives have been disrupted by companies changing locks and breaking into homes without a court order.