Tuesday, February 16, 2010

State erects foreclosure hurdle

The Florida Supreme Court continues to make it more difficult for lenders to foreclose in the Sunshine State. The court says lenders now are required to verify they own loans before they file a foreclosure lawsuit. And, according to the court order, lenders no longer can charge the homeowner for that investigation. This comes after a court order in late December that requires lenders to offer owners of primary residences a chance to negotiate with a third-party mediator before moving forward with foreclosure. Florida has the nation's fourth-highest foreclosure rate, and the court estimates about 456,000 foreclosure cases are clogging the state's court system. The new rules are an effort to help the courts better manage foreclosure cases and make sure lenders have tried to modify loans before taking back homes. The rules and corresponding legal forms were proposed by a pair of Florida Bar panels.

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