In March of this year, an Emergency Administrative Order was issued that suspended all telephone hearings in regards to mortgage foreclosures cases in Florida counties of Sarasota and Manatee.  The Chief Justice issued the order to require attorneys for the foreclosing mortgage lender and for the defendant(s) to show up in person for all foreclosure hearings, including the Summary Judgment.

This, of course, presents a hardship to the attorneys for the foreclosing mortgage lender.  They will no longer be able to sit back in their office chairs, prop up their feet and glide through the foreclosure hearings.

Judges hearing foreclosure cases will now be provided the opportunity to actually see the exchange in testimonies, and be able to question counsel on issues observed in the exchange throughout the hearings.

Representing their clients via telephone during foreclosure court proceedings has been a common and allowed practice in Florida, until now. This Order requires the lender and the lender’s attorney to put forth more effort and more heavily weigh the time involved in foreclosing on home loans.

Some attorneys for defendants facing foreclosure hearings are quite content with the ruling.

One noted another case relevant to foreclosure.  A circuit court judge issued an order putting a firm foot down on lenders who rush to setting a sale date on foreclosed property, but have already agreed to allow a loan modification for the homeowner.  This practice is all too common in Florida.

Judge Donna Pardar Berlin delivered the smackdown on Washington Mutual (WAMU) by canceling a foreclosure sale on a home that was in mortgage foreclosure.  The court had already issued an order that required WAMU to cease in setting a sale date for the property.  In spite of the order, attorneys for WAMU set the sale date for the defendant’s home.

Judge Berlin canceled the sale as soon as she got wind of it, noting WAMU’s commitment to allow the homeowner a loan modification and that the foreclosure court case would be abandoned.  If representatives for WAMU violate the Order, sanctions may be imposed by Judge Berlin.

It takes a diligent judge to notice discrepancies like the one cited regarding WAMU.  The Florida Default Law Group was the firm representing WAMU.  According to court records, the firm represents thousands of foreclosures in the State of Florida each month.  Apparently, they are known for their rather “aggressive” tactics.

What is unfortunate in cases like this is that the defendant did not take any action to defend herself due to the ongoing modification negotiations.  She erroneously thought the case would be dropped.  Without Judge Berlin’s intervention, the defendant would have lost her home.

Speaking of foreclosures, if you’re looking for a great deal on a home in Sarasota, you’ll find them in our foreclosure listings.  We have an abundance available.  If you are interested, click Sarasota, FL Foreclosures to see what might interest you.