I have moved to have three, count ’em three, foreclosure sales set aside and canceled this week alone because of problems or irregularities with the foreclosure process. I give a lot of credit to one of the new foreclosure plaintiff firms in the state, Phelan Hallihan, for immediately recognizing a problem with one of their files and working very hard to help me make it right. Incidentally, this was not a problem they created, rather a problem caused by foreclosure bad boy (still no punishment) David Stern. Most frustrating though, even though I’ve got this good firm working with me to do the right thing, I’m getting real resistance from the court about setting this sale aside. The court did not grant my well-pleaded motion to cancel the sale and here we are two weeks later, with the support of the Plaintiff’s firm and still no Order.
The problem is our courts have become obsessed with numbers. Clearing those cases, moving them along. Granting judgments. We need to help our courts understand that the numbers do not matter. And to the extent our courts are focused on the numbers, we need to use the numbers of backlogged cases to demand proper funding from the legislature.
And mediation….more on mediation….we all need to redouble the efforts to focus in on mediation. The mediation programs across the state have not been very successful, but we absolutely cannot give up on them. I know lenders are frustrated at the perceived high cost, but if they kill the program, they’re going to live to regret it. We all need to burrow down and use the mediation process to separate out the cases so we can focus on what must be the new plan to deal with Foreclosures in Florida:
Work through all non-homestead foreclosures first, then move on to homestead foreclosures!
That’s right, just think about it. The Plaintiff mills have to focus on results for their investors and clients and they’re all focused on speed and clearance rates. I think the servicers and the foreclosure firms should burrrow down and focus all their efforts where homeowners are not in the properties and leave homeowners alone to work with the servicer on mods for a few months. Order an inspection, or get a certification and if it’s not homestead fast track it through! As a m matter of fact, look at this:
702.065″ƒFinal judgment in uncontested proceedings where deficiency judgment waived; attorney’s fees when default judgment entered.””
But back to the issue at hand. Courts must be more willing to cancel sales because there are problems out there caused by all the mess still clogging our court system…and the appellate court spoke and said:
(“In circumstances such as these where the moving party’s allegations raise a colorable entitlement to rule 1.540(b)(3) relief, a formal evidentiary hearing on the motion, as well as permissible discovery prior to the hearing, is required.”).
