The right time is now.
In Sarasota, Manatee and De Soto Counties, more than 20,000 homes have been foreclosed in the past 12 months. In case after case, the court required no evidence that the foreclosing party was legally entitled to foreclose.
In three out of four cases, these homes went to foreclosure with incomplete or improper documentation according to a recent survey submitted to the Chief Judge of the 12th Circuit District Court together with recommendations to correct this deficiency without cost or burdening court resources. The study was produced by The Document Clearing House (“DCH”), a newly formed company, which proposes to operate a document clearing house to assemble, collect and review documents needed to verify that the party bringing foreclosure is actually entitled to foreclose. Janice Hounchell, a spokesman for Chief Judge Lee E Haworth, said “We have spot-checked ourselves and found many deficiencies like those you have uncovered.”
According to Richard F. Kessler, spokesman for DCH said: “If someone drove off with your car without legal authority to do so, the act is called “Grand Theft Auto”, the perpetrator is called a “car thief” and you get the car back. If someone without legal authority takes away your house, the act is called “foreclosure”, the perpetrator is called “judge” and you and your family are out on the street.”