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Is this judge doing the right thing? Florida judge says borrowers, lenders must see eye to eye

MANATEE — With foreclosure cases swamping local courts, the area's top judge is planning a novel approach: Forcing lenders to talk with borrowers.



Saying he wants to break "the wall of silence" between lenders and homeowners, 12th Circuit Chief Judge Lee Haworth soon will require them to discuss possible ways of avoiding foreclosure before it actually happens.



"Forcing the parties to slow down and discuss possible solutions is a good thing," he said Monday.



The new Homestead Foreclosure Conciliation Program likely is the first of its kind in Florida, Haworth said.



The program applies to foreclosure suits filed on or after Dec. 1 against homesteaded residential properties in Manatee, Sarasota and DeSoto counties.



 
Anonymous

Asked by Anonymous at 3:32 AM on Nov. 20, 2008 in Politics & Current Events

This question is closed.
Answers (13)
  • Since I personally know a few people who are loosing their homes not because they decided not to pay their bills or because they irresponsibly went and got an ARM, but because they LOST their jobs. I'm glad that someone is trying to do something positive instead of bitching and complaining and bailing out the mortgage companies. Someone actually wants both parties responsible for the mess to actually sit and talk. imagine that.
    ny.chica

    Answer by ny.chica at 8:13 AM on Nov. 20, 2008

  • When they file a foreclosure suit, lenders' attorneys will be required to invite homeowners to a "conciliation conference" to discuss possible alternatives to foreclosure such as restructuring the loan, modifying payments or arranging a short sale. The offer can only be made to owners who live in the homesteaded property, not renters or investors.



    The invitation also must notify homeowners that they can contact Legal Aid of Manasota to see if they qualify for assistance.



    Anonymous

    Answer by Anonymous at 3:32 AM on Nov. 20, 2008

  • AWESOME!!!! So nice to see a proactive approach from ANYONE!!
    MammaMia72

    Answer by MammaMia72 at 3:37 AM on Nov. 20, 2008

  • The invitation also must notify homeowners that they can contact Legal Aid of Manasota to see if they qualify for assistance.


    So, this could tie up the court system, spend more tax dollars money, and give someone to hold their hand and caddle them for NOT paying their bills? I am sorry but I am a tax paying, bill paying, mortgage having contributing member of society and I am tired of bailing out Everyone and their Brother becuase they didn't THINK before they signed at the dotted line.
    It's NOT easy, BUT I PAY my bills. This just gives people a "softer" fall to the reality that they are irresponsible for getting an ARM, believing the first mortgage guy that came their way that told them they could afford a home MORE than they can afford.
    myame

    Answer by myame at 7:44 AM on Nov. 20, 2008

  • Someone actually wants both parties responsible for the mess to actually sit and talk. imagine that.

    Yes, BUT at the COST of the TAXPAYER...
    Anonymous

    Answer by Anonymous at 8:15 AM on Nov. 20, 2008

  • Yes, BUT at the COST of the TAXPAYER...
    **************************************************
    and the bail out given to the mortgages companies is not at the tax payers expense? You do know that not everyone will use the legal aid services, and even then do you know how little money a legal aid costs? I'll give you a hint. it's alot less then the bail out
    ny.chica

    Answer by ny.chica at 8:20 AM on Nov. 20, 2008

  • You know, we live in Toledo and my husband lost his job at GM. We don't think the bailout is a good idea.

    We called our mortgage lender the DAY he found out about losing his job to see what our options were. Guess what, THEY TALKED TO US. We didn't have to get the court involved.
    We were able to have a plan B. It was a plan that would have kept us in our home and lowered our payments for 6 months.

    Luckily we didn't need PLAN B because my hubby found another job 4 hours away in another city and is gone Mon-Fri BUT WE DO IT!!! And I know of at least 3 other families who are doing similar. BUT we were PROACTIVE to the situation. We pay our bills, IT ISN'T EASY, we AREN'T looking for anyone to rescue us. We must rescue ourselves.
    myame

    Answer by myame at 8:31 AM on Nov. 20, 2008

  • myame I applaud you and your husband. I live in florida and even mcdonalds is not hiring here. that's how bad it is here. and unfortunately I know people that have being out of a job for over 6 months and activily looking. the job centers are full of umemploy people and they can't place them. is not just my city so for the ones i know going 4-5-6 hours to another city won't help. some states are hit harder than other. I'm lucky my husnband works for the airport no lay offs yet. But if he had to move 4 hours away and pay rent in another city plus our mortgage we would not be able to afford his new job. the court gets involved once the bank files for foreclousure so even if teh judge doesn't say sit and talk they would still get involve once the process starts.
    ny.chica

    Answer by ny.chica at 8:39 AM on Nov. 20, 2008

  • Tell your friends to call their banks. It is amazing how they WILL talk to you. It costs them MORE to foreclose then it would to give you forebearance for a few months.

    Thanks.he doesn't pay much rent, fortunately he and 2 other guys who also lost their jobs here and in Findlay are staying with a college buddy's uncle while they work. I know, it sounds crazy. But you gotta do what you gotta do. Ohio has the 6th highest Foreclosure Rate in the Nation. So while we may be ok, we are far from great.
    myame

    Answer by myame at 8:48 AM on Nov. 20, 2008

  • yeap. my hubby got assaulted at work by a patient and workers comp in FL is shitty, so we went through a hard time and 30+g of savings are now gone. it took him a while to get another job after he was able to work full time again, but we are slowly making it. minus our savings.
    banks do give you forebearance but only for a few months. for some that's not an option because even after getting a job they are in such a deep hole that is hard to make ends meet. I just feel so bad for some who did the right thing and still got screwed by job loss.
    ny.chica

    Answer by ny.chica at 8:53 AM on Nov. 20, 2008

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