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An owners’ requiem

In this world so fraught with forced foreclosures, the state of Florida has the dubious distinction of being the leading country in the number of foreclosures since the Great Recession of 2008. It is most prominent in Hillsbourgh County. In Tampa, the St. Pete area is now under attack from unscrupulous lenders, developers, investors, and real estate brokers. Everyone is using all the tricks in the book, including fraud and counterfeiting, to foreclose on homes that have already paid off their mortgages or have high equity in their homes, making it very lucrative for them to start. foreclosures.

Even now, the courts, in collaboration with attorneys, blatantly ignore and dismiss any litigation initiated by the owner that shows that there is no justification or that he has the right to foreclose and force the sale of his property. But this is happening now more than ever. Hillsbourgh Circuit Court 13 in too many cases finds in favor of all those who initiate foreclosures. And as such, too many homeowners were and are being illegally forced out of their homes.

Today, many homeowners have filed an application with the state for Homestead Exemptions and, according to the Florida Constitution, “Article X, Section 4 of the Florida Constitution states that family properties in Florida are” exempt. for sale under the process of any court. “This means that the judgment creditors cannot seize and foreclose on property that falls within the Florida definition of family home. The homestead exemption is the highest form of protection from active because it is embodied in the Florida Constitution and statutes, and has been rigorously and consistently upheld by the courts. ” But, apparently, the 13th Circuit Court is alien and acts against the Florida Constitution.

As you can see, any homeowner who has filed a homestead exemption and has had a foreclosure and even a forced sale is in violation of the Florida Constitution. Therefore, the Hillsbrough 13th Circuit Court where the judges sign 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 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 a court refuses to hold the rule of law accountable as provided by the Florida Constitution, it can only mean that our courts, especially Hillsbourgh County 13th Circuit Court, are being corrupted by the influence of money when foreclosing. .

Take the case of Eleanor Jenkins, a 72-year-old African American who brought her home with her now-deceased husband in 1985. For more than 35 years she has lived in this house and suffered the indignity of having a financial company use a fraudulent mortgage. who claim that she is in foreclosure by default and forces an auction after she has notified the court that not only does she have her Homestead Exemption, but she has all the paperwork that stipulates that her original mortgage was satisfied and discharged shows that the cut is in error. On the other hand, this could also prove that the courts acted with impunity by ignoring the Florida Constitution. A grave injustice that plagues the country with all forced foreclosures and forced sales of individual homes.

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