The Florida Supreme Court recently amended several of the Florida Rules of Civil Procedure relating to mortgage foreclosures. The amended and new rules and forms are in response to recent legislation regarding mortgage foreclosure actions. Be sure to read the amended and new rules and forms in their entirety, but here are a few highlights:…
Investigative Reporter Carmel Cafiero from WSVN / Channel 7 News reported this week on a “Two Cent Foreclosure” in Broward County by Bank of America. You read it correctly – Bank of America actually foreclosed over two payments which were both short by $.01. Does anyone think that Bank of America would have settled the…
Earlier this month, the Florida Supreme Court released Florida Rule of Civil Procedure 1.491 (General Magistrates for Residential Foreclosure Matters). This new rule essentially moves the May 2013 amendments to Rule 1.490 to a new, separate rule which is limited to residential foreclosure cases. In its opinion releasing Rule 1.491, the Florida Supreme Court commented:…
It’s official. Florida Attorney General Pam Bondi signed off on the record $25 billion joint federal-state settlement agreement with the nation’s five largest mortgage servicers over foreclosure abuses and unacceptable nationwide mortgage servicing practices. Forty-nine of the fifty states have approved it, with Oklahoma being the lone hold out. According to the Florida Attorney General’s…
I was honored to co-moderate last night’s Foreclosure Crisis Committee which was held by the Broward County Bar Association’s Real Property Section. I previously blogged here about the Florida Supreme Court’s termination of the statewide mandatory mediation program for residential foreclosures. The new Administrative Order provides that circuit chief judges of each circuit may “adopt…
Florida’s residential mortgage foreclosure managed mediation (RMFM) program is dead. Administrative Order No. AOSC11-44, signed yesterday by Florida Supreme Court Chief Justice Charles Canady, terminates the statewide mediation program. The Court has reviewed the reports on the program and determined it cannot justify continuation of the program. Accordingly, upon issuance of this administrative order, the statewide…
In an earlier blog, I wrote about the Florida Supreme Court’s appointment of a “Statewide Managed Mediation Program Assessment Workgroup” to examine the statewide residential foreclosure managed mediation program data. The Workgroup recently submitted its report to the Supreme Court. You can obtain a copy of the report here. The report is worth reading in its…
Do mandatory mediations work in Florida foreclosure cases? That’s the question being asked by the Florida Supreme Court. The Court is seeking your input, but you only have until October 3rd to send in your comments. Earlier this week, the Florida Supreme Court released Administrative Order SC11-33. In its Administrative Order, the Florida Supreme Court noted that…
South Floridians are acutely aware of the foreclosure meltdown. We’ve all had family, neighbors, or friends who have been affected. We’re not alone though. Many parts of our country are still reeling from the foreclosure crisis, and we’re not even close to seeing the light at the end of the tunnel. Foreclosure cases continue to…