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Another family law reform bill falls to Gov. Scott’s veto pen

admin — Wed, 18 May 2016 11:29:41 +0000

Florida Gov. Rick Scott vetoed a contentious bill that would have reformed the state’s alimony system and altered rules on child custody in divorces.

The bill would have required judges in divorce proceedings to adopt a premise for approximately equal time-sharing of children between spouses. Judges could adjust the split based on 20 factors listed in state law.

Scott objected to that provision, saying it would put some parents’ interests ahead of those of their children.

Scott did not comment on the bill’s proposed changes to alimony rules, which would create a formula for payments based on each spouse’s income and the length of the marriage. It also would have terminated permanent alimony payments upon a spouse’s remarriage and allowed for a review upon their reaching retirement age.

Another controversial provision would have permitted alimony renegotiation if the recipient’s income rises by 10 percent. Opponents of the bill said that trigger was set too low, endangering the welfare of recipients, primarily women, who through hard work made progress in providing for their children.

In 2013, Gov. Scott also vetoed a major family law reform bill, which likewise created a presumption for equal child custody. He said that bill would have been unfair to alimony recipients because it would have applied retroactively to longstanding alimony judgments. This year’s bill did not contain retroactive provisions.

Contact a Tampa divorce lawyer and Brandon child custody attorney with the Osenton Law Office To learn more, visit http://www.brandonlawoffice.com/

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Two Hundred Million Dollars in Housing Relief Coming to Struggling Floridians

admin — Wed, 14 Aug 2013 11:34:11 +0000

Families throughout Florida and the United States have struggled for years to make ends meet during a deep recession and a lackluster recovery. Many homeowners currently have no equity – if they can no longer afford their homes, they face foreclosure or a short sale. Others, even if they are lucky enough to have steady income from a job or public benefits, may still find themselves priced out of a decent home due to rising prices both on sales and rentals. Recent years have seen large numbers of families forced into foreclosure or bankruptcy as a way to regain control of their finances.

A bill recently signed by Gov. Rick Scott should bring some much-needed relief to Florida. SB 1852 will distribute $200 million to a number of programs designed to ease Floridians’ housing woes. The funds are part of a $25 billion settlement between 49 states and the nation’s five largest mortgage lenders – JP Morgan Chase, Citigroup, Wells Fargo, Bank of America, and Ally Financial – to settle allegations of improper lending practices. As one of the hardest-hit states in the aftermath of the housing bubble, Florida received just over one third of that, or $8.4 billion.

Most of that money will come in the form of modifications of the terms of existing mortgages and writedowns to their outstanding principle. The Florida government received a distribution of $334 million in April. Of that, $60 million was designated for assistance in paying down mortgages, and $73 million went to the state’s general revenue fund, where it may be spent on non-housing-related programs. The remaining $200 million sat in limbo for some time until Scott’s recent signature on SB 1852.

That legislation directs the funds to several different housing programs. The State Apartment Incentive Loan program will receive $60 million to help pay for rental homes for the elderly and disabled. The State Housing Initiative Program, which funds municipal efforts to help low-income homeowners keep and maintain their homes, will receive $40 million. Foreclosure courts will receive $40 million to help reduce the foreclosure backlog. Habitat for Humanity will receive $20 million. Domestic violence shelters and a program for housing the homeless will each receive $10 million.

This is all good news, but meanwhile, attorneys general in Florida and other states have received troubling allegations that banks are not complying with various aspects of the settlement. New York Attorney General Eric Schneiderman has threatened to sue Wells Fargo and Bank of America over concerns they are dragging their feet on processing valid and proper requests from homeowners for lower mortgage payments. Florida Attorney General Pam Bondi’s office has received 293 complaints of violations of the settlement and say they are investigating every one. Bondi said they are doing everything they can to hold the banks accountable, but stopped short of threatening a lawsuit, indicating that other legal processes must play out first.

O. Reginald (“Reggie”) Osenton is the Owner and President of Osenton Law Offices, P.A. If you need a Bankruptcy attorney in Brandon, Tampa lawyer, call 813.654.5777 or visit http://www.brandonlawoffice.com.

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Foreclosure Fast-Track Bill Goes to Governor Scott

admin — Tue, 25 Jun 2013 08:01:39 +0000

The Florida Legislature sent a bill to Gov. Rick Scott’s desk that is intended to accelerate the process of home mortgage foreclosures. The crash in the Florida housing market was one of the worst in the nation.

Supporters of the legislation, HB 87, said that it will reduce the backlog of pending foreclosures and help the state’s housing industry.

On the last day of the Legislature’s 60-day session, the Senate passed the bill on a 26-13 vote. It recently cleared the House on an 87-26 vote.

Whether Scott will sign the bill is not clear. A spokesperson would only say that the governor’s office is reviewing the bill.

Sen. Jack Latvala, R-Clearwater, said the bill would make banks demonstrate more thoroughly their ownership of a mortgage on which they file foreclosure. It also would enable parties other than mortgage holders, such as condo associations, to ask courts to accelerate foreclosure proceedings.

Sen. Darren Soto, D-Orlando, was a prominent critic of the measure. He said it erodes longstanding property rights and does nothing to protect Floridians from losing their homes to fraud. Latvala countered that the bill has more safeguards for consumers than for banks.

One important provision would reduce the time limit for banks to try to get deficiency judgments against foreclosed homeowners from five years to one year. A deficiency exists when a foreclosed home is sold for less than the original homeowner owed on it.

Soto said that banks are deliberately slowing foreclosures in an attempt to prevent a glut of houses from hitting the market, which could cause another price crash. He said that for this reason, the bill would not produce its intended result.

A group called Jurists Engaged in Title Integrity said that the bill would put more burden on homeowners, limiting their time to demonstrate legal issues with foreclosures brought against them.

Meanwhile, the national housing market appears to be improving. The March figure for repossessed homes in the U.S. fell to a five-year low. The number was down 3 percent from February and down 21 percent from March, 2012, according to foreclosure listing firm RealtyTrac Inc.

Having an experienced bankruptcy attorney on your side during a home foreclosure is vital. This bill, if signed by Gov. Scott, would only increase the importance of this choice. Weaknesses in a lender’s foreclosure case are difficult to spot, and this bill would force defendants to bring these issues to the court’s attention much faster.

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