The federal moratorium on foreclosures and evictions officially expired over the weekend, leaving the legal system braced for an impending wave of filings. To offset the wave of foreclosure and eviction filings which will no doubt be on the way, lawyers and courts are finding creative solutions to the problem.
The eviction moratorium was put into place as a way to help tenants and homeowners who were left with no income due to the coronavirus causing widespread shutdowns across the country.
President Biden has pushed on Congress to approve a one-month extension for all residential evictions. However, at this time, no federal congressional action has been taken to extend the moratorium.
Now that the moratorium has officially expired, the courts are waiting for an influx of filings, which will undoubtedly flood their dockets. The next few months will be a real test on the court system, especially once tenants are served with an official writ of possession, forcing them out of their homes.
The Dade County Bar Association said they will support lawyers and judges as best they can during this time. One effort may come in the form of programming for the public, to help them navigate the legal system during the process. This help will be available to both tenants and homeowners, since the lifted moratorium was on evictions, as well as foreclosures. The bar association currently has two active committees working on the problem with one committee focusing on the county courts and another committee focusing on foreclosures. Given the fact that most of these individuals are already struggling financially, the need for pro bono or free legal assistance will also likely be needed.
Choosing the right attorney can make the difference between keeping your home or losing it in foreclosure. 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 McMaken website at www.miamibankruptcy.com
Source: Daily Business Review – Courts ‘Going to Get Overwhelmed’: Creative Lawyering Emerges as End of Foreclosure Moratorium Looms
