TAMPA - When a lender fails to find a homeowner to notify them of a foreclosure lawsuit, a judge often appoints a guardian ad litem. That attorney is supposed to represent the property owner's interests.
But guess who typically picks the guardian? The lender's attorney.
Foreclosure is the only court proceeding in Florida where the plaintiff routinely chooses the attorney ad litem to represent the defendant, according to court records and interviews
Foreclosure firms typically recommend a small pool of lawyers, and the foreclosing lender pays the defendant's attorney bill.
"It's kind of the way it's always been done," said Thomas McGrady, Chief Judge 6th Judicial Circuit.
Law experts say it's an out-dated system that has become problematic.
Read on.
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