Local Judges Ordered to Adopt Uniform Mediation Plan for Foreclosures by Florida Supreme Court

FloridaOn Monday, the Florida Supreme Court ordered local judges to adopt a proper, uniform mediation program which they would follow in all cases of foreclosures, as well as other interventions, to effectively deal with the huge wave of foreclosure cases that have ended up clogging the courts.

With the order, Chief Justice Peggy Quince seems to be agreeing with the court's Task Force on Residential Mortgage Foreclosure Cases, which had recommended the plan earlier this year. Adoption of the plan has now been ordered, and under Justice Quince's order, a “model administrative order" will be issued by chief judges in every circuit.

Under the new order, "all foreclosure cases in state court that involve residential homesteaded property will be referred to mediation unless the plaintiff and the borrower agree to skip the step, or the borrower refuses to participate".

"The court approves this recommendation as the best method to open communication and facilitate problem-solving between the parties to foreclosure cases while conserving limited judicial resources", Justice Quince's order reads.

Borrowers who choose to adopt a different method will be able to opt out of the mediation by simply choosing to say no to participation.