Will the Cut Foreclosure Backlog in Florida Courts Return?

October 25, 2011
By David Goldman on October 25, 2011 8:06 AM |

Thumbnail image for backlog.jpg40% of foreclosure cases backlogged in the Florida Court System has been cut over the last year. A combination of increased efforts by the courts and cases being dropped or dismissed by banks are responsible for much of the relief. The Office of the State Courts Administrator shows that 201,524 foreclosures were disposed of last year (96,630 disposed of by summary and final judgments, 104,126 were dismissed). However, if a foreclosure case was disposed of through a dismissal, it can most likely be refilled. The question is will they be re-filed and when?

Foreclosure cases can be voluntarily dismissed by banks for a number of reasons but most are dismissed due to paperwork irregularities. Numerous news stories have emerged revealing that bank employees signed foreclosure paperwork without first personally verifying information contained in the documents (commonly referred to as "robosigning"). Other paperwork irregularities have included issues regarding proper notarization, erroneous or forged assignments, and missing or erroneously prepared mortgage documents.

The majority of foreclosure actions that were voluntarily dismissed by banks throughout the last year for one or more paperwork issue, will most likely be filed again. But, foreclosure filings have remained at a decreased rate as banks have increasingly been using other means rather than foreclosure to deal with struggling homeowner, including permitting more homeowners to short sale their property, approving more loan modifications, and allowing homeowners to stay in properties until after the final foreclosure sale.

At the end of the 2010-2011 fiscal court year, 260,815 of foreclosure cases that were pending at the beginning of the year (460,000) remained. 117,000 new cases were filed within the year (which is lower than what was expected). As of June 30, 2011, the number of foreclosure cases pending in the court system is 378,000.

If you are facing a Florida Foreclosure Lawsuit or have had your Florida Foreclosure Lawsuit voluntarily dismissed by your bank, contact a Florida Foreclosure Defense Lawyer or a Jacksonville Foreclosure Lawyer today to review your case in order to determine what foreclosure defense options may be available to you.