Florida Supreme Court order requires foreclosure mediation
Florida Supreme Court order requires foreclosure mediation to help with glut of foreclosures
Chief Justice Peggy Quince issued the order to help handle Florida’s glut of foreclosures.
With an estimated 465,000 cases clogging the court system, mediation may help resolve some cases early in the process.
The order applies to new foreclosure lawsuits and requires that homeowners of primary residences be given the opportunity to have their case go to mediation with a third-party.
The goal is to work something out between the homeowner and the lender in order to avoid foreclosure.
Choosing a mediator will be up to a judge, although the borrower and lender can request one. Judges typically work with nonprofits, such as the Collins Center, to assign mediators to cases.
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Mediators participating in this program will have to be certified by the Supreme Court and then participate in special foreclosure training. Mediation costs no more than $750, and about $350 of that typically goes to the mediator.
Although many mediators are attorneys, that is not a requirement under Florida law. Petrey said many mediators have backgrounds in personal finance, banking or social service.
The order is the result of recommendations made by a Supreme Court task force that studied the issue. As part of that study, the Collins Center handled mediation for three of Florida’s 20 circuit courts during a six-month period.
More than 20,000 mediations were referred to the center during that time, and only half of the homeowners chose mediation. Of those cases, mediators were successful in working out a deal with lenders and homeowners in about 65 percent of the situations.
Shari Olefson, a mediator and Tampa real estate lawyer with Fowler, White and Boggs, said she worries that too many inexperienced mediators will jump into the business.
“Having a mediator who knows what they’re doing is like having a judge who knows what they’re doing.”
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Source: http://www2.tbo.com/content/2009/dec/30/foreclosure-mediation-growing-industry/
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