– The Supreme Court of Florida established a statewide mandatory mediation program for residential mortgage foreclosures in response to the foreclosure crisis.
– The program was terminated on December 19, 2011 due to being largely unsuccessful, but judges can still refer foreclosure lawsuits to mediation on a case-by-case basis.
– Lenders should check the mediation requirements in the circuit court where the foreclosure lawsuit is filed, as circuit court judges are permitted to adopt measures to manage residential mortgage foreclosure lawsuits. – The Tenth Judicial Circuit (Hardee, Highlands, and Polk counties) enacted its own homestead residential mortgage foreclosure mediation requirements in response to the termination of the statewide mandatory mediation program.
– The clerk of the court is required to attach a notice regarding the availability of mediation to all summons to be served on defendants in a foreclosure lawsuit in the Tenth Circuit.
– Either party may file a motion to the court within 30 days of service on the borrower of the mortgage foreclosure lawsuit, requesting that the lawsuit be referred to mediation.
– The court strongly encourages lenders to enter the mediation process with their borrowers before filing a foreclosure lawsuit.
– Although there is no longer a statewide mandatory foreclosure mediation program, lenders may still be required to participate in mediation on a case-by-case basis as circuit court judges can refer foreclosure lawsuits to mediation.
– It is important to check the rules in the circuit court where the foreclosure lawsuit is filed because some circuits may have enacted their own foreclosure mediation requirements.
https://www.jimersonfirm.com/blog/2021/01/foreclosure-mediation-florida/
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