Foreclosure Case Set For Trial?
Foreclosure trials are becoming a more common phenomenon in Lee County. A Bench Trial (before a Judge - Not a Jury) are the direct by-product of Lee County’s docket soundings system. In order to move foreclosure cases through the courts at a swifter pace, Lee County implemented a system using docket soundings, whereby any property in foreclosure is placed in the system and a docket sounding is held about every two months.
A docket soundings serve basically as case management sessions, as the Courts use them to find out what issues need to be resolved and to direct the parties to resolve them by the next docket sounding. The Docket Sounding System is extremely inefficient as it is being used; however, if used properly could set a standard so that cases are moved through the judicial system in a more efficient manner.
Most of the Judges in Lee County are giving the parties a maximum of three docket soundings to resolves their cases. Then, by the third docket sounding, if issues remain, the Courts are setting the cases for trial.
For homeowners, having their case set for trial can work in their favor. First, with a trial looming in the near future, the banks and/or their attorneys may make more of an effort to reach out and settle the case before the trial date.
Second, if the case does go to trial, and the mortgage company is not ready to try the case, the case may get dismissed. While this trend is unlikely to continue for long, many of the cases set for trial in early January have been dismissed due to the Plaintiff’s failure to follow the court’s trial procedures.
However, even if the case is dismissed, the Plaintiff will get one more chance to bring a foreclosure lawsuit against the homeowner. In other words, just because your case is dismissed at trial does not mean that you get a free house.
When the Plaintiff does file suit again, make sure you contact an attorney well-versed in foreclosure law in order to know the potential claims or defenses you have.
This Blog was written by Branden Henderson, Esq. of The Dellutri Law Group, P.A. Branden practices in the firms Real Estate Division focusing on Helping Homeowners navigate the Foreclosure Process.
