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It’s official: compassion not a defense to foreclosure

Florida Foreclosure
From the ABA Journal article
Written by Debra Cassens Weiss
In Republic v. Doyle, 3D09-2405, the Florida 3rd District Court of Appeal ruled that “benevolence and compassion” are not grounds for delaying a foreclosure sale and stated that the decision byMiami-Dade Circuit Judge Valerie Manno Schurr to delay a foreclosure sale long enough to allow the owners of the house to file bankruptcy and attempt to save their interest was “an abuse of discretion.” To quote the Appellate Court

Although granting continuances and postponements are, generally speaking, within the discretion of the trial court, the “ground’ of benevolence and compassion … does not constitute a lawful, cognizable basis for granting relief to one side to the detriment of the other.

Just one more reason I’m glad I don’t live in Florida. Yikes.

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