Posted by: John DeLancett
April 06, 2009
Topic: Legal News

Can't Get Your Lender to Talk to You? - How About a Mediation?

Two recent articles, one in the Orlando Sentinel and the other in the Florida Bar News, indicate that judicial remedies may be on the way to resolve one of the most common complaints of those whom are being foreclosed upon. That complaint is "I can't get the lender to talk to me, or respond to me!" The article in the Orlando newspaper states that Chief Judge Belvin Perry has instituted a local rule that, in any action for foreclosure of an owner-occupied residence, there must be a mediation prior to the case proceeding to a final judgment of foreclosure. The reason recited was this is often the first opportunity that the homeowner has had an opportunity to talk to the mortgage lender. It is hoped that this may resolve situations where the homeowner is desirous of staying in the property or otherwise resolving the issue, but simply can't get anybody to talk to them.

Interestingly enough, the February issue of the Florida Bar news, a legal publication for Florida attorneys, also disclosed that a petition has been filed with the Florida Supreme Court seeking a similar rule change to the Florida Rules of Civil Procedure. Apparently, the Judges and homeowners' lawyers have become fed up with the incredible burecratic morass that stands between a homeowner who wishes to resolve his delinquency, and a lender who will not respond, other than through formal legal proceedings. Hooray for the Judges and lawyers!

Can't Get Your Lender To Talk to You? - How About a Mediation?

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