Unintended Consequences of Florida Foreclosure Law
A new Florida law that goes into effect on October 1, 2008 will effectively deny Florida homeowners legal representation in foreclosure cases. You think I’m kidding?
Read the new F.S. 501.1377 which was approved by Governor Charlie Crist on May 28, 2008.
The law defines a “foreclosure-rescue consultant” as “a person who directly or indirectly makes a solicitation, representation, or offer to a homeowner to provide or perform, in return for payment of money or other valuable consideration, foreclosure-related rescue services.”
Attorneys are not excluded from the statute and therefore are prohibited from receiving payment for a bankruptcy filing or other foreclosure defense “before completing or performing all services”.
Let me assure you, there aren’t going to be a whole lot of attorneys who would want to or could afford to work for free to assist Florida homeowners defend a foreclosure or file a bankruptcy to stop a foreclosure.
This is troublesome to say the least.
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