Florida to Mediate Mortgage Foreclosures.

Posted By Cliff Tuttle | December 30, 2009

Posted by Cliff Tuttle

April Charney, a legal services lawyer in Jacksonville Florida who has been a leader in mortgage foreclosure defense, reported the following on a real estate listserve known as Dirt:

The attached Administrative Order was entered by the Florida Supreme
Court and is now online.  In the order, which sets up mediation for
homestead (and other) foreclosures at no cost to borrowers, also
provides:

“Plaintiff’s Disclosure for Mediation. Within the time limit stated
below, prior to attending mediation the borrower may request any of the
following information and documents from the plaintiff:

Documentary evidence the plaintiff is the owner and holder in due course
of the note and mortgage sued upon. A history showing the application of
all payments by the borrower during the life of the loan.

A statement of the plaintiff’s position on the present net value of the
mortgage loan.

The most current appraisal of the property available to the plaintiff.

The borrower must deliver a written request for such information to the
Program Manager in the format of Exhibit 6 attached no later than 25
days prior to the mediation session. The Program Manager shall promptly
electronically transmit the request for information to plaintiff’s
counsel.

Welcome

CLIFF TUTTLE has been a Pennsylvania lawyer for over 45 years and (inter alia) is a real estate litigator and legal writer. The posts in this blog are intended to provide general information about legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus. However, this information does not constitute legal advice and there is no lawyer-client relationship created when you read this blog. You are encouraged to leave comments but be aware that posted comments can be read by others. If you wish to contact me in privacy, please use the Contact Form located immediately below this message. I will reply promptly and in strict confidence.

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