Palm Beach County Chief Judge Considers More Active Role For Jurists In Examining Foreclosure Cases

In West Palm Beach, Florida, The Palm Beach Post reports:

• Palm Beach County Chief Judge Peter Blanc is trying to decide whether judges can take a more active role in examining foreclosure cases after a meltdown in Ally Financial's foreclosure proceedings last week.

• Blanc said Monday that there has been an increase in requests by lenders and loan servicers to cancel foreclosure sales and vacate judgments following the disclosure that Ally was freezing portions of its foreclosure operation in 23 states, including Florida.

• While judges granted those requests, Blanc said he was concerned about cases in which defective foreclosure affidavits aren't being brought to the court's attention, possibly because the borrower has given up or walked away from the home. Also, he's unclear on whether the court should scrutinize past cases for flaws.

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• Blanc said he was looking at case law regarding the duties and responsibilities of judges to see whether there is precedent for the current situation. But he said Florida's foreclosure crisis has brought many unique challenges to the courts and there is likely little historical guidance.

For more, see Judge ponders jurists' role in Ally Financial foreclosure cases.