“Faster Foreclosures,” also known as non-judicial foreclosures are causing serious issues for financially struggling homeowners. Many lawmakers are arguing for faster foreclosures because the costs are cheaper and the cases are quickly pushed through the court system. Faster foreclosures are not only a negative thing for homeowners; they also take away the homeowner’s rights. While Florida currently requires foreclosures to go through the courts, officials are fighting to make faster foreclosures a mainstream option.
The superintendent of the Department of Financial Services, Benjamin Lawsky, spoke about the issue during a Mortgage Bankers Association conference in New York City. Lawsky called for the state legislature to begin utilizing measures that would limit the timeline for foreclosure proceedings. Changes would include reorganizing foreclosures on vacant or abandoned homes as well as certain commercial properties. More than a dozen states in the nation process judicial foreclosures that go through the court system, including Florida.
In 2015’s first quarter, the national average of homes in any stage of foreclosure was 2.2%, according to a recent report by the Mortgage Bankers Association. Florida’s rate of 4.82% was the nation’s third-highest percentage of home loans in the foreclosure process. For homeowners who are behind on their payments, the judicial process is less pressing for them because the courts are involved every step of the way, which takes far more time.
Officials complain that judges’ schedules, hearings, required paperwork and backlogged courts make the process unnecessarily lengthy. The president of the Mortgage Bankers Association, David Stevens, who lobbies on behalf of lenders said, “Everybody is prepared to protect the consumer, but you don’t want to put unusual obstructions in place for homes that should be foreclosed upon.” Also, longer foreclosure processes can lead to more expenses for mortgage servicers, which could affect surrounding property values if the home is deserted and falls to poor condition.
In Florida, the process can take as long as three years. These longer timelines offer more options to homeowners. Those facing foreclosure will have far more time to try to refinance their mortgage, negotiate an alternative or even reside in the home without payments until the foreclosure is completed. Faster foreclosures take these options away and make the situation that much more difficult for the struggling homeowner.
Choosing the right attorney can make the difference between whether or not you can keep your home. A well-qualified Miami foreclosure defense attorney will not only help you keep your home, but they will be able to negotiate a loan that has payments you can afford. Miami foreclosure defense attorney Timothy Kingcade has helped many facing foreclosure alleviate their stress by letting them stay in their homes for at least another year, allowing them to re-organize their lives. If you have any questions on the topic of foreclosure please feel free to contact me at (305) 285-9100. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.