Florida Chief Justice Peggy Quince Issues State Wide Mandatory Foreclosure Mediation Order

Final Report and Recommendations on Residential Mortgage Foreclosure Cases

TALLAHASSEE — Facing the nation’s worst foreclosure crisis, Florida Supreme Court Chief Justice Peggy Quince has Ok’d recommendations from a panel of experts to order foreclosure cases into a new “managed mediation” program where debtors could try to negotiate their way out of losing their homes.

Florida’s court system expects to have nearly half a million homeowners in foreclosure proceedings when the ball drops on the New Year this week, flooding court dockets statewide. Quince notes in her administrative order released Monday that “the crisis continues unabated.”

The high court’s mortgage foreclosure task force earlier this year recommended  a uniform, statewide managed mediation program to be implemented through each circuit chief judge. Under this program, all homesteaded residential foreclosure cases would be referred to mediation, unless the plaintiff and borrower agree otherwise or have already gone through pre-suit mediation.

“Referral of the borrower to foreclosure counseling prior to mediation, early electronic exchange of borrower and lender information prior to mediation, and the ability of a plaintiff’s representative to appear at mediation by telephone are features of the model administrative order,” Quince writes.

“The Court approves this recommendation as the best method to open communication and facilitate problem-solving between the parties to foreclosure cases while conserving limited judicial resources.”

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5 Responses to “Florida Chief Justice Peggy Quince Issues State Wide Mandatory Foreclosure Mediation Order”
  1. Dave L says:

    In the 19th Circuit there is already a Court Ordered Mandatory Mediation (run by Collins Institute.). I participated. The one other couple that was there, believed they already had a “loan modification” completed. Oh boy, were they surprised (and upset) to learn otherwise! I think they got bamboozled and were just learning it!

    Our mediation lasted 5 minutes. The “lender” rep. flew in from Chicago and the trustee drove for hours.

    It went like this:

    Trustee: So do you still want to rescind?

    Me: Yes

    Trustee: Do you have the money to pay back?

    Me: We’ll find out in court.

    Trustee: Then we are at an impasse.

    Me: Yes, Thank you, good-bye!

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  1. […] the serious efforts of the Florida Supreme Court Task Force on Foreclosures and the Honorable Chief Justice Peggy Quince’s order mandating mediation for all homesteaded properties in […]

  2. […] the serious efforts of the Florida Supreme Court Task Force on Foreclosures and the Honorable Chief Justice Peggy Quince’s order mandating mediation for all homesteaded properties in […]

  3. […] the serious efforts of the Florida Supreme Court Task Force on Foreclosures and the Honorable Chief Justice Peggy Quince’s order mandating mediation for all homesteaded properties in […]

  4. […] the serious efforts of the Florida Supreme Court Task Force on Foreclosures and the Honorable Chief Justice Peggy Quince’s order mandating mediation for all homesteaded properties in […]



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