A Homeowners Requiem

In this heavily laden world of forced foreclosures the state of Florida has the dubious distinction of being the countries leader in the number of foreclosures ever since the Great Recession of 2008. It is most prominent in Hillsbourgh county. In the Tampa, St. Pete area are now being targeted by unscrupulous Lenders, developers, Investors and Real Estate Brokers. They are all using every trick in the book including fraud and forgery to foreclose on homes that have had their mortgages paid off or have a high equity in their homes that make it very lucrative for them to initiate foreclosures.

Even now the courts in collaboration with attorneys blatantly ignore and dismiss any litigation brought on by the homeowner that proves there is no justification or have any right to foreclose and force the sale of their property. But, this is happening more now than ever before. The 13th Circuit Court of Hillsbourgh in too many cases rules in favor of all those who initiate foreclosures. And, as such too many homeowners were and are being unlawfully forced out of their home.

Today, many homeowners have filed with the state Homestead Exemptions and according to the Florida Constitution " Article X, Section 4 of The Florida Constitution states that homestead property in Florida is "exempt from forced sale under process of any court." This means that judgment creditors cannot levy and execute on property that falls within the definition of a Florida homestead. The homestead exemption is the highest form of asset protection because it is embodied in Florida's Constitution and statutes, and it has been rigorously and consistently upheld by the courts." But, apparently the 13th Circuit Court is oblivious and acts contrary to the Florida Constitution.

As you can see that any homeowner who has filed a Home Stead Exemption and is foreclosed on and even though a forced sale went through is a violation of the Florida Constitution. Therefore, the 13th Circuit Court of Hillsbrough where Judges sign off on these illegitimate foreclosures is in fact violating Florida law by blatantly allowing these banks, developers, Investors and Real Estate Brokers to proceed illegally in to many instances.

It is always the minorities, seniors 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 accountable to the rule of law as stated by the Florida Constitution can only mean our courts especially the 13th Circuit Court of Hillsbourgh County are being corrupted by the influence of money when ever a home is foreclosed on.

Take the case of one Eleanor Jenkins a 72 year old African American who with her now deceased husband brought their home in 1985. For over 35 year she has lived in this home and to have suffered the indignity of having a finance company use a fraudulent mortgage that they claim is in default foreclose and force an auction sale after she has notified the court that she not only has her Homestead Exemption but has all the paper work that stipulates her original mortgage was satisfied and released shows that the court is in error. Then again this could also prove that the courts acted with impunity in ignoring the Florida Constitution. A grave injustice that is sweeping the country with all the forced foreclosures and forced sales of individual homes.