With foreclosure mediation now in full force throughout Florida I urge you to find an experienced foreclosure defense attorney who is knowledgeable about foreclosure defense and foreclosure mediation to help you.

While you may think you can't afford an experienced foreclosure defense attorney, you can't afford NOT to have proper legal advice and assistance.

Homeowners should seek an experienced foreclosure defense attorney who is known to be effective in facilitating solutions between the banks and homeowners . 

As I consult with troubled homeowners day after day, I'm realizing more and more that homeowners are under the impression that not only is foreclosure mediation a guarantee they will be successful, but that the mediator is their advocate. This is simply not the case; it is not the function of the mediator to advocate on behalf of either party, but more to encourage a dialogue between the parties which ideally will lead to an agreed settlement of the case. 

Foreclosure mediation typically begins with the parties, attorneys and mediator in one room, where the parties may make opening statements similar to those made at trial.  After these opening remarks, the parties and attorneys will often separate into "caucuses," with the mediator travelling in between.  The mediator conveys the parties' offers and rejections to each other.  In order to facilitate settlement, the mediator may offer hypothetical situations if the case were to proceed to trial, strengths of the opposing party's case and reasons why it would be beneficial for the parties to settle that day instead of leaving their fate to a judge or in some cases, a jury.

Do I really need an attorney? Yes and No

NO: Florida's Supreme Court Foreclosure Mediation does not require the homeowner to have legal counsel. However, as with any legal matter it is recommended.

YES: Doing this properly is very difficult and detailed work. Why any non-attorney would think he or she could successfully handle a legal matter without an attorney highly qualified in this area of law is puzzling to me. We have clients who are themselves attorneys, yet have come to us for help because they understand this, and realize that in order to have a chance against the "big guys" they need really qualified people to help them.

Every case is different; a successful mediation will depend on the exact details and legal defenses and issues of your case. There is plenty of ground work to be done beforehand to increase the chances of a successful mediation. There is the documents and information which the bank must receive prior to the mediation, such as loss mitigation applications, financial statements, bank records, and tax returns, proposed or executed contracts, and so forth. These must be reviewed by a qualified eye with attention to detail and furnished to the bank as quickly as possible. 

Because the staff at the Carman Law Firm has an extensive background in banking and financial services, we are able to thoroughly analyze your situation to legitimately plan a customized defense strategy that fits your goals. This is generally true whether you are still struggling to make your mortgage payments, or are unable to pay.

We must then continue to follow up with the bank to make sure that the bank has received everything it needs to offer a solution on the day of the mediation. 

A particular challenge in foreclosure mediations is getting a bank representative to attend with the authority to settle.  Sometimes, the plaintiff in the foreclosure action will be the same entity as the originator of the loan.  However, they may be merely the loan servicer, which means it is managing the loan on behalf of the true investor (often the plaintiff in the foreclosure action). 

It is crucial to ensure that whoever appears at a settlement conference has full authority to settle.  Otherwise, a loan servicer may appear at the foreclosure mediation and state that she or he does not have authority to agree to any solution that day because investor approval is required.  A bank representative may not always state directly that they do not have full settlement authority, because that may indicate they have not mediated in good faith, which could be grounds for court sanctions.  An experienced foreclosure defense attorney will take all necessary precautions prior to the mediation to confirm that the bank representative will have full settlement authority.

Many firms representing banks are attempting to push a foreclosure case to summary judgment and sale as quickly as possible.  Do not let your case be treated like just another one in the mill. 

Foreclosure mediation is an important right guaranteed to you by the Florida Supreme Court, if your goal is to SAVE YOUR HOME, we work to find a SOLUTION; based on the particular facts and issues of YOUR case we try to find the leverage you need to assist in saving your home, not just to negotiate a short sale or a deed in lieu of foreclosure.

We do not charge for an initial consultation, so there is no cost for you to see if we can help.