SCOFLA recommends mediation for home foreclosures
by Dara Kam | August 17th, 2009
A Florida Supreme Court panel recommended court-ordered mediation for all residential home foreclosures except in cases where banks and homeowners come to an agreement on their own.
The high court appointed the Task Force on Residential Mortgage Foreclosure Cases earlier this year to make suggestions on how to deal with the influx of foreclosures in the state’s courts. Florida has the second highest foreclosure rate in the nation.
The panel released its final report today, likening the impact of the increase in foreclosures on the courts to a car-jammed evacuation route during a hurricane.
The recommendations include expediting foreclosures on abandoned properties and dividing foreclosures into three categories: mortgages on homesteaded properties, abandoned properties and rental properties.
The 15-member panel of judges, lawyers and financiers acknowledged that the state’s budget crisis makes appointing more judges and clerks an unreasonable option while addressing the urgency of the situation.
“Instead, their recommendations include “the least of evils that can work on an emergency basis to immediately begin to meet the challenge of these cases. We believe it is imperative that the Florida Supreme Court address the explosion of mortgage foreclosure filings as soon as possible for the welfare of our courts, our communities, our businesses, and our state,” the panel wrote.
Tags: banking, courts, Florida Supreme Court, foreclosure, mortgages
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August 17th, 2009 at 5:26 pm
Dara,
You’re missing the story here. Note the “minority report,” wherein our new director of Office of Financial Regulation, along with three other people, oppose mediation.
August 18th, 2009 at 7:43 am
And, why wouldn’t the new Director of OFR, who was formerly General Counsel of the Florida Bankers Association oppose mandatory mediation?
Because his bankster bosses told him to.
August 18th, 2009 at 10:12 am
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