Mortgage Foreclosure
FY 2013-14 and FY 2014-15 Foreclosure Initiative Information
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The national mortgage foreclosure crisis continues to affect borrowers, lenders, and the economy in Florida. At the height of the foreclosure crisis, filings in Florida state courts soared to 400,000 cases in one year, compared to an average of about 70,000 case filings per year before the crisis. With new cases being filed faster than the Florida courts could resolve them, a backlog developed topping 300,000 cases in June of 2013.
Recognizing the significant number of mortgage foreclosure cases are pending in the trial courts, the Chair of the Trial Court Budget Commission (TCBC) established the Foreclosure Initiative Workgroup (Workgroup) and tasked the Workgroup with:
(1) identifying barriers that currently exist in foreclosure case resolution;
(2) proposing strategies to improve the foreclosure process; and,
(3) developing a proposed supplemental budget request for workforce and technology resources.
Access the Final Report and Recommendations of the Foreclosure Initiative Workgroup, April 2013
Administrative Orders:
- AOSC13-27 Foreclosure Initiative Training
- AOSC13-28 Final Report and Recommendations of the Foreclosure Initiative Workgroup
- AOSC13-51 Case Status Reporting Requirements
- AOSC15-9 Continued Case Status Reporting Requirements
Media and Public Quick Stats
As of October 2015, the pending caseload was reduced to aproximately 77,550 cases.
In mortgage foreclosure proceedings, as with all types of cases, courts are obligated to ensure that the rights of parties are protected and the integrity of the process is maintained. The Florida Bar offers a variety of web resources for families facing foreclosure and the attorneys helping them.
In 2013, the Florida State Courts System received a two-year appropriation from the Legislature (Senate Bill 1852) providing National Mortgage Settlement funds to supplement existing judicial and case management resources. These funds provided experienced senior judges in addition to sitting judges, additional case managers that ensured documentation was in order and unnecessary delays were avoided, and technology resources in the form of secure case management and processing systems. The objective was to bring foreclosure cases into compliance with state time standards to complete a case. Those standards are 12 months for non-jury trials and 18 months for jury trials.
Each judicial circuit implemented case management practices that worked most effectively to ensure the full participation of parties, avoid unreasonable delays, and dispose of those cases that have been pending for the longest period of time – while being ever mindful of the rights of parties and the integrity of the process.