In North Florida (Clay, Duval, Nassau, and St. Johns County), lenders and homeowners are required to attend mandatory mediation prior to the case proceeding to trial with homes are their primary residence. Many homeowners are appearing pro se, without a lawyer, to these mediation sessions. Going to any legal proceeding without an attorney, especially one involving your most valuable asset, can be a big mistake.
There have been an increasing number of reports that pro se homeowners are not obtaining any relief through mediation because they are being bullied by the lenders representatives who appear via telephone and who refuse to comply with Florida's Supreme Court order requiring certain disclosures. A Jacksonville Foreclosure Defense Lawyer can review the materials and make sure that prior to your chance at a meaningful mediation, the lenders comply with the Florida Supreme Court Orders. These required disclosures include but are not limited to, a current appraisal, proof of ownership of the note and mortgage and life of the loan transaction history setting forth all payments and charges on the loan. The outcome when a lender does not fulfill their duty to provide this information prior to the mediation varies. Some mediators will not proceed any further with the mediation until the information is provided and some mediators continue with the mediation even though the homeowner does not have the necessary information. Hopefully we will get a judicial order that provides uniformity in this context in the near future. In the meantime, you must protect yourself against lender bullying.
Make sure you understand what is required, and do not loose your right to a future mediation by participating in one where the lender has not complied with the court requirements. It is best to have someone who understands these requirements and will interpret the offers of the lenders so that you understand what you would be agreeing to. For a free consultation regarding any north Florida foreclosure, contact a Jacksonville Foreclosure Defense Lawyer to discuss your circumstances.
If you are facing foreclosure, contact a Florida Foreclosure Defense Lawyer or a Jacksonville Foreclosure Defense Lawyer prior to attending your mandatory mediation. Even though having a Foreclosure Defense Lawyer is not mandatory in foreclosure mediations, it is undoubtedly in your best interest.
