In this world fraught with forced foreclosures, the state of Florida has the dubious distinction of being the nation’s leader in the number of foreclosures since the Great Recession of 2008. It is most prominent in Hillsbourgh County. In the Tampa, St. Pete area they are now under attack by unscrupulous lenders, developers, investors and real estate brokers. Everyone is using every trick in the book, including fraud and forgery, to foreclose on homes that have paid off their mortgages or have high equity in their homes, making it very lucrative for them to initiate foreclosures. mortgages.
Even now, the courts, in collaboration with the lawyers, blatantly ignore and dismiss any litigation brought by the owner showing that there is no justification or that he has no right to foreclose and force the sale of his property. But, this is happening more now than ever before. Hillsbourg 13th Circuit Court rules too many cases in favor of all those who initiate foreclosures. And as such, too many homeowners were and are being illegally forced from their homes.
Today, many homeowners have filed with the state for Homestead Exemptions, and according to the Florida Constitution, “Article X, Section 4 of the Florida Constitution provides that Homestead property in Florida is “exempt from forced sale under process of any court.” Creditors may not lien or foreclose on property that falls within Florida’s definition of homestead property. The homestead exemption is the highest form of asset protection because it is built into the Constitution and Florida statutes, and has been rigorously and consistently upheld by the courts.” But apparently the 13th Circuit Court doesn’t realize it and acts against the Florida Constitution.
As you can see, any homeowner who has filed a Real Property Exemption and is repossessed and even though a forced sale has taken place is in violation of the Florida Constitution. Therefore, the Hillsbrough 13th Circuit Court, where judges approve these illegitimate foreclosures, is in fact violating Florida law by blatantly allowing these banks, developers, investors, and real estate brokers to proceed illegally in many cases.
It is always the minorities, the elderly and the poor who have suffered the loss of their home even though they have a legitimate and legal right to keep their home. When any court refuses to hold itself accountable to the rule of law as set forth in the Florida Constitution, it can only mean that our courts, especially the Hillsbourgh County 13th Circuit Court, are being corrupted by the influence of money every time repossess a house
Take the case of Eleanor Jenkins, a 72-year-old African-American woman who brought her house with her deceased husband in 1985. She has lived in this house for more than 35 years and has suffered the indignity of a mortgage company using a fraudulent mortgage. who claim that she is in default of foreclosure and forces an auction sale after she has notified the court that not only does she have her Homestead Exemption but that she has all the documentation stating that her original mortgage was satisfied and released shows that the court is wrong. On the other hand, this could also prove that the courts acted with impunity by ignoring the Florida Constitution. A serious injustice that is sweeping the country with all the forced executions and forced sales of individual homes.