Florida Homeowners Fight Foreclosure, Met With Injustice

For one homeowner facing foreclosure in Winter Springs, the Judge tried to speed through the case and would not give him a chance to defend himself. This was because the Judge was scheduled to hear over 300 foreclosure cases in just three days.

The Florida court system is struggling to manage a backlog of foreclosure cases. The overload resulted from an end to the funding that paid retired judges to hear the cases. Foreclosures have flooded the court system making foreclosure defense even more complicated.

Florida Homeowners Fighting Foreclosure

In 2007, the young professional had purchased his home in Winter Springs, but was now faced with foreclosure after losing his job. He had been able to pay his mortgage from savings for months while searching for employment. However, when his savings ran out, he could not make his mortgage payments. Then the bank filed for foreclosure.

The system works the same for every resident: a foreclosure is filed with the court and the homeowner receives a summons and complaint. If the homeowner submits an answer to the complaint, then a court date is set and the court will make a decision after from hearing from both parties. However, when one judge hears 300 cases in three days very little time is spent on each case.

Tips if Facing Foreclosure

Steps can be taken to avoid becoming part of the foreclosure system. If you fall behind in mortgage payments, contact the mortgage company. Speak with the loss mitigation department to determine if restructuring options exist.

If an agreement is reached over the phone, a written letter of confirmation should be completed and signed by both you and the company. An experienced Orlando foreclosure attorney can review any agreement and make sure all available avenues of relief are pursued.

Source: ABC News, “Florida Homeowner Slams Judge Hearing 300 Cases,” Susanna Kim, Jan. 19, 2012

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