“After 10 months of inaction, a homeowner, or the court itself, can seek a dismissal of the foreclosure based on non-prosecution . If the bank fails to react within 60 days, the case can be thrown out and the bank forced to start over.”
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The Zombie Files: Nearly 7,000 Stagnating Foreclosure Cases Lie Dormant in Palm Beach County’s Courts
By Kimberly Miller
Palm Beach Post Staff Writer
Nearly 7,000 stagnating foreclosure cases lie dormant in Palm Beach County’s courts, creating a payment-free limbo for some homeowners but a stain of vacant and abandoned homes in deteriorating neighborhoods.
These sleeper files, which have remained inactive for a year or longer, date as far back as 1997, according to documents provided to The Palm Beach Post by the clerk of courts.
But most are from the early years of the housing crash when lenders feverishly sought to repossess homes, unaware that the frenetic pace would cause a second crisis based on faulty documents and unlawful corner-cutting.
While an unknown number of dormant files are mistakes, such as one party forgetting to request a dismissal after an agreement is reached, others remain open but unmoving because of homeowner bankruptcy, loan modification negotiations or bank neglect.
“I have no idea what’s going on and I’m not pushing it,” said Robert Feinson, a Jupiter resident whose case has sat idle since November 2010, more than two years after his lender initially filed for foreclosure against him. “Right now, we’re just waiting to see who is going to make the next move.”
The 6,927 zombie files make up about 17 percent of Palm Beach County’s 39,252 foreclosure cases.
The banks with the largest number of dormant cases include Bank of America (670), JPMorgan Chase (602) and Deutsche Bank (546).
Rest here…
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Its simple. Throw the cases out for lack of prosecution. No that wont happen because our courts and clerks and judges are all here to serve the banks.
These have been foregone conclusions to me for quite some time, however there’s a matter of money owed to me due to the fact that a boker took out 3 loans upon origination and a large down payment which I am not willing to forfit. So the fight goes on, and I refuse to let them get away with stealing our much needed money, especially in this economy! They must pay, one way or another.