December 28, 2009

As reported in the Orlando Sentinel on December 28, 2009, Florida Supreme Court Chief Justice Peggy Quince ordered judges statewide Monday to starting sending foreclosure cases to a new "managed mediation" program in which financially strapped homeowners can try to negotiate a way out of losing their homes. Currently, Florida is facing one of the worst foreclosure crises in the nation,

To date, Florida's court system expects to have nearly a half million homeowners in foreclosure proceedings as of the beginning of 2010, flooding court dockets statewide. Quince noted in her administrative order that "the crisis continues unabated."

The Court's Task Force on Residential Mortgage Foreclosure Cases recommended earlier this year that the state adopt a uniform managed mediation program to deal with the deluge of cases clogging Florida courts. Proposed under the program, all residential-foreclosure cases involving homestead owners would be referred to mediation, unless the plaintiff and borrower agree otherwise or have already gone through pre-lawsuit mediation.

"Referral of the borrower to foreclosure counseling prior to mediation, early electronic exchange of borrower and lender information prior to mediation, and the ability of a plaintiff's representative to appear at mediation by telephone are all features of the model administrative order," Chief Justice Quince wrote.

Florida's high court balked at some of the costlier measures  recommended by its experts, such as setting up a Web-based system for mediators to exchange documents, because of budget constraints. Court mediation would need to occur within two to four months after a mortgage case is filed in court, and only nonprofit, court-certified mortgage managers would be allowed to handle cases. The entire article can be read at www.orlandosentinel.com

For more information on purchasing a bank-owned foreclosure, or if you're in need to selling your home prior to foreclosure, contact Rock Springs Realty, Apopka, FL at 877-333-2811 or visit us at www.rockspringsealy.net