The Manner in which Foreclosures are Handled in Miami Dade County is About to Change

ja-dade1.jpgIn 2010 state legislators awarded Miami Dade County close to $1 million in an effort to help eliminate the backlog of foreclosures. The objective was to have as many foreclosures in and out of the judiciary within a year.

That funding has now ended. And as of today, Miami Dade County have more than 58,000 foreclosure case is pending.

Foreclosure activity has slowed down in the recent months. The slow down is a direct result of allegations of robo signing, fraud, documentation errors, issues with process servers, problems servicing loan modifications, and other similar issues, have prompted many lenders to slow down the foreclosure process which in turn has slowed down the housing recovery. Florida’s Attorney General eventually announced an investigation into these alleged practices.

Nonetheless, our housing recovery cannot fully get underway until the back log of foreclosure, and the so called shadow inventory, are all disposed of. Many are estimating that with so many foreclosures still looming, that the housing market will not fully recovery for at least another 24 months.

Starting July 1st, Miami Dade County foreclosures courts are set to undergo significant transformation when last year’s emergency funds dry up and the overburdened judicial system is forced to function with less money. They proposed changes that are coming to Miami Dade county were recently outlined by the courts Chief Judge at a recent town hall meeting in the courthouse.

Given the expiration of the emergency funds that were given last year, and effective July 1, Miami-Dade will now handle foreclosures in the following manner:

• Judges will be pulled from other divisions that will hear foreclosures that are more than two years old, and these judges will be replacing the retired judges that were hired last year to specifically handle the foreclosure file.

• Law School volunteers will be in charge of screening case files, replacing the paid screeners that were funded by the one time grant.

• Hearing notices will be sent via e-mail. The paper system will be replaced with an electronic system that will hopefully save the judiciary time and money.

• Possibly most significantly, lawyers for the banks will now only have one opportunity at a summary judgment hearing. If the summary judgment is denied, or if the paperwork as incomplete for whatever reason, then the case will proceed to trial. There will be no second bite at the apple with respect summary judgment hearings.
Consider Your Options. Contact Us Today.

We have been successful in defending many foreclosure cases when given an opportunity to develop a plan to properly defend the foreclosure.

Our Miami foreclosure defense lawyers have assisted many homeowners in buying enough time to reach the solution that is right for them. There are many alternatives to foreclosure, and often times it just takes proper planning to properly navigate against the potential pitfalls. Help is often available to those who seek it.

If you are on the brink of foreclosure, need a real estate attorney, or just need to assess your legal rights, please contact our office today.

Call us today toll free at 1-866-518-2913 or at 305-263-7700.