by Tabitha S. Fish, Esq., Associate, Saxon, Gilmore, Carraway & Gibbons, P.A.
Parties engaged in residential foreclosures in Florida should see a drastic reduction in the frequency of these cases going through mediation. The Residential Mortgage Foreclosure Mediation Program, in effect since June 2010, was terminated on December 19, 2011. Prior to December 19, 2011, all homestead foreclosures were ordered to mandatory state-run mediation, and non-homestead foreclosures could be ordered to the same state-run mediation program with relative ease. Borrowers in cases initiated prior to December 19, 2011 will still have the opportunity to participate in the state-run mediation program. However, as of December 19, 2011, no new cases will be referred to the state-run mediation program, and homestead foreclosures will no longer be subject to mandatory mediation. It is important to note that this change does not prevent courts from ordering mediation upon the request of the borrower and/or the lender or on a court’s own initiative. If you have residential mortgage foreclosure cases pending in Florida and would like more information on how this change will affect your cases, please feel free to call us to discuss the issues in detail.
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