Foreclosure Defense Florida

Demand Mediation in Foreclosure Cases

One of the most frequent complaints my clients in foreclosure share with me is that they cannot even get in touch with their lender, much less any person who might be able to provide any solutions or compromises to the foreclosure sale of their home.   After hearing many such complaints, I started calling on behalf of my clients and found exactly the same thing…I couldn’t even reach lenders and when I did they could offer no answers, compromises or solutions whatsoever.

Foreclosure Sale is Not a Sure Thing

Lenders who file foreclosure are seeking either to be repaid back all the money they lent on the property or to take the property that was given as collateral for the loan back from the borrower.   In the not so distant future the foreclosure sale   was often granted relatively quickly and frankly, without much consideration by the judge overseeing the case.   As this foreclosure crisis has overhwhelmed the courts and it has become obvious to everyone, including judges that many of the lenders are not truly innocent parties in this whole problem, judges increasingly are asking lenders to take all available steps to help homeowners before they will grant a foreclosure sale.   A very practical result of all this are orders referrring lenders and borrowers to mediation to see if new payment terms can be worked out.   I have been very pleased with the mediations that I have participated in, finding that when you finally got a real decisionmaker on the phone oftentimes they could come up with a solution that was not offered in the hundreds of phone calls made by me or my clients.

My advice to anyone in foreclosure is always to hire an attorney.   The results should surely be better than what you are able to accomplish working on your own, such as demanding mediation from the court before foreclosure.

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