There has been a significant decrease in foreclosure filings. This is a
healthy sign that the economy is picking back up and the general public
is in a much better financial situation in comparison to five years ago.
The decrease in foreclosure filings is bringing a significant “makeover”
in foreclosure courts. As a result of the decrease in foreclosure filings,
the courts feel there is a need to downgrade. So far all the rules have
already started to change. The rules on how we file pleadings and set
hearings have already given us a peek into what is to come; which some
predict will make everything more tedious. Also, the manner in which hearings
are heard are changing as different Judges will be assigned to different
cases. In certain counties this may hurt the cases, because judges who
are not used to foreclosures may rule in a manner unfavorable to some
homeowners. In Palm Beach County, we have already witnessed one judge’s
constant objections to cancelling foreclosure auction sale dates, even
when Plaintiff’s counsel do not oppose our motion or seek to cancel
it themselves due to ongoing loss mitigation.
Moreover, another common change we are witnessing is a decrease in firms
taking foreclosure cases, whether counsel representing the banks and/or
homeowners. There are a few Attorneys out there picking up foreclosure
defense files, however if you find yourself retaining their help, make
sure that they are up to date with all the recent changes.
The purpose of this blog is to inform readers that although there may be
less foreclosure filings, it doesn’t mean that judges are being
more lenient or favorable to homeowners in this ongoing battle to fight
foreclosures. If you find yourself being served with a foreclosure lawsuit,
please be sure to retain competent legal assistance. If you hire an attorney
who is not familiar with the recent changes, this may have a negative
impact on the way in which they represent you in your foreclosure.
On the Corner of Makeovers and New Judges,
Sonja-Lucienne Cajuste, Esq.