Judge David Miller’s wrote that the specific application of the Florida Fair Foreclosure Act—a 2013 law created in response to the housing crisis— to a case before him was at odds with the Florida Constitution.
Law.com-
A portion of a Florida law created to deal with a deluge of foreclosure cases has been declared unconstitutional by a Miami-Dade Circuit Judge.
Judge David Miller found the Florida Fair Foreclosure Act violates provisions of the Florida Constitution by retroactively altering the terms of contracts. He issued the order March 30 in a foreclosure case, U.S. Bank National Association vs. Ricardo Rivas, et. al.
Miller’s finding was premised on the Florida Constitution’s proscription against the “creation, enforcement, extension or impairment of liens based on private contracts.” Additionally, he held the law “unreasonably impairs the defendant’s contractual rights under the mortgage to use the property as he sees fit without having to pay monies during litigation” and was intended to be applied retroactively to pre-existing foreclosure agreements. The judge wrote the rule also violated Article I, Section 10 of the Florida Constitution, which outlines “No bill of attainder, ex post facto law or law impairing the obligation of contracts shall be passed.”
The 2013 law was meant to alleviate the heavy load of foreclosure cases on Florida courts, and allow lenders to request expedited foreclosures.
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