Florida Courts Dismissing Many Foreclosure Cases
If you sue someone in Florida but then stop pursuing your case for over a year, the court has the right to dismiss the lawsuit for failure to prosecute. In one division of Florida’s 20 judicial districts there may be at least 2,700 cases ready for dismissal.
In Duval County part of the 4th Judicial Circuit near Jacksonville it is stated that if lenders do not take action within 60 days of the notice then the cases could be dismissed.
After some of the notices were sent not all cases were dismissed, however, some banks actually voluntarily dismissed the cases on their own. However, some banks did take action and for those homeowners face foreclosure may have gotten the final ticket to leave camp and move on. According to some attorneys, though, the likelihood of the judge dismissing a case, especially if the lender’s attorney is present and even if they haven’t filed paperwork within the 60-day window, the judge would most likely let them continue the due process of the foreclosure.
With new rules being setup by government officials for mortgage servicers and with the amount of paperwork courts are behind on, the likelihood of many homeowners getting their foreclosure postponed is extremely high. I’ve talked to several people who have not made a mortgage payment in over 2 years and are still in their home. This just shows you how the system is being abused, but also the overwhelming amount of paperwork the lenders and courts are dealing with.
So what really is the underlying reason why Florida is so far behind on foreclosure cases? After the fallout of the “robo signing” situation, foreclosure moratoriums were put in place. Another reason is the questions about the validity of foreclosure documents from the David J Stern law firm. Not to mention the state investigation of mortgage servicers and lenders' own fraudulent document issues. All things compiled together really puts a huge snag in the way of processing foreclosures in a timely manner. Regardless of the reasons Florida is still up to their eyeballs in paperwork. Not only is it a waste of taxpayer money and the courts time to file lawsuits and then not prosecute is not only counterproductive but a huge waste of judicial resources.Continued on the next page