Saturday, April 25, 2009

Eleventh Judicial Circuit Mandatory Foreclosure Program

This week, Chief Judge Farina of the Eleventh Judicial Circuit (Miami-Dade) ordered all foreclosure actions involving homesteaded property participate in a mandatory mediation program prior to a final order of foreclosure being entered. The order establishing "The 11th Circuit Homestead Access To Mediation Program (“CHAMP”)" and containing the requirements can be found here and the purpose was described as:

WHEREAS, given the large volume of mortgage foreclosure actions filed in this Circuit, it has been determined that mandatory mediation of mortgage foreclosure actions involving homestead properties, prior to the matter being set for final hearing, will facilitate better communication between the parties, resulting in more effective case management and provide a more efficient use of limited judicial and clerk resources in a court system that is already overburdened.

The CHAMPS plan was discussed in the Miami Herald and it is important to note the CHAMPS plan has requirements that must be complied with at the time the lender files the complaint. In addition to the CHAMPS plan, the Clerk of Court has had a brochure titled "Homeowners Rights in Foreclosure Proceedings" that is available here.
Earlier this year the Florida Supreme Court established the "Task Force on Residential Mortgage Foreclosure Cases" (order is available here). The Task Force was ordered to provide the Supreme Court with a report no later than May 8, 2009.


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