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Judicial Orders (click here) require mandatory referral to mediation for residential mortgage foreclosures for owner-occupied residences in several Florida counties.
The defendants must also be offered foreclosure counseling by HUD approved counselors
The orders apply to the Florida Circuit Courts in the counties of Escambia, Santa Rosa, Okaloosa, Walton [Order 2009-18]; Indian River, Martin, Okeechobee and St. Lucie [Order 2009-01]; and Orange [Orange County Order 2009-02].
At the time the foreclosure complaint is filed, plaintiff's counsel must complete and file "Form A", which contains information regarding the property, the owner, contact information for the Lender's loss mitigation department and a Notice of the Homeowner's Right to Mediation. If owner-occupied, plaintiff must file a copy of the mortgage note, mortgage and any PSA that may affect the plaintiff's ability to settle and resolve the foreclosure. Plaintiff's counsel must affirmatively certify whether the property is owner occupied and if so, plaintiff's counsel must certify the identity of the plaintiff or their representative with full settlement authority, and that counsel has personally spoken to the representative and confirmed they have full and complete settlement authority. If certified as owner-occupied, Form A must be electronically transmitted to the Collins Center within the prescribed time (5-10 days as applicable.
The Orange County Order differs from the others in that it requires personal communication between Plaintiff's counsel and the Defendant Debtor to determine whether the Defendant is not interested in or is unable to engage in loss mitigation efforts. If so, the Plaintiff may file a prescribed Notice of Good Faith Communication and be excused from compliance with the Orange County Order
Mediation civil procedure, fees and requirements are set forth in each Order. The Collins Center will send a list of HUD approved counseling agencies the defendants at the time mediation is scheduled.
All named parties must attend the mediation in person or by representative with full settlement authority.
About Safeguard
Safeguard Properties is the largest privately held field services company in the country. Located in Cleveland, Ohio and founded in 1990 by Robert Klein, Safeguard has grown from a regional preservation company with a few employees and a handful of contractors performing services in the Midwest, to a national company with over 700 employees. Safeguard is supported by a nationwide network of subcontractors able to perform any requested superintendence, preservation, and maintenance functions, as well as numerous ancillary services in the U.S., the Virgin Islands, and Puerto Rico.
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