Mandatory Mediation Program To Go Into Effect For Florida Treasure Coast Foreclosure Actions
- Thousands of distressed Treasure Coast homeowners could have a better chance to stave off foreclosure as a result of a judicial order set to go into effect on March 13.(2) The order would require all lenders filing home mortgage foreclosure lawsuits involving owner-occupied houses to participate in a mediation program to see if they can work out a deal with the borrower, said 19th Circuit Chief Judge William Roby (Editor's Note: Florida's 19th Judicial Circuit also includes Okeechobee County).
For more, see Mandatory mediation in new foreclosures starts March 13 on Treasure Coast.
Go here for more information regarding Florida's 19th Judicial Circuit Administration Order for Residential Foreclosure Mediation.
(1) For those unfamiliar with the location of Florida's "Treasure Coast," it's just north of the state's "Gold Coast" (Dade (Miami), Broward (Fort Lauderdale), and Palm Beach Counties), on the southeastern coast of the peninsula).
(2) One requirement in the administrative order is that, where a home against which a foreclosure action is owner-occupied, the lender's attorney is required to file a copy of the promissory note, mortgage and the pooling and servicing agreement. What strikes me as somewhat curious about this requirement is that this filing requirement:
- is silent as to requiring copies of any addendums/allonges to the note, as well as any assignments of the note that constitute the chain of title showing title to the note being properly held by the entity bringing the foreclosure action. In contrast thereto, see the Ohio Supreme Court's 11-Step Foreclosure Mediation Program Model, which, in step 2, specifically requires filing of evidence of any assignments or other evidence that the plaintiff is the holder or servicer of the note and mortgage if the plaintiff is not identified in the note and mortgage as the holder or servicer.
posted by Home Equity Theft Reporter at 4:10 AM
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