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Foreclosure Backlog Expected to Increase as more Filings are Expected

Foreclosure filings are expected to begin increasing in Florida again. So, the state court system has a multi-year plan to deal with the hundreds of thousands of expected new filings. The backlog of cases is expected to grow by another 380,000 cases by 2016. This is when foreclosures should return to their normal rate of 70,000 cases per year.

The plan to deal with the new filings is basically the same program that the Legislature funded in 2011. It puts case managers and senior judges online to manage the backlog. The courts would ask for funding year by year. And, only for what it expects to need for the next fiscal year. The plan will not include non-judicial foreclosure. That is because this would be unlikely to help as this would only apply to future mortgages. Just doing non-judicial foreclosure does nothing to help alleviate the backlog problem.

Proposals to correct problems with the state’s existing expedited foreclosure process were also in discussion. Bills have been submitted addressing foreclosures. They seek to allow HOAs to be able to ask the court to move a foreclosure case along. Then, clear up issues when the mortgage note is missing. And, the lender is relying on affidavits to prove ownership of the mortgage. Lastly, address frivolous defenses raised by homeowners.

If you have questions about foreclosure, loan modification, bankruptcy, or other alternatives; please feel free to call my office at 954-484-9987. Or, send an e-mail to emil@fleysherlaw.com, or complete the contact form below.

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