Lee County Foreclosures - Major Increase in Dismissals
Posted By Rex Powell on Jan 26, 2011 7:00pm PST
Residential foreclosure cases in Lee County are being dismissed in large numbers over the last few weeks. I've personally seen hundreds of cases dismissed. The obvious question is, why?
The answer lies partially in Lee County's response to the foreclosure "crisis." Money from the state legislature has been provided to the court systems throughout the state, in order to help clear dockets of foreclosures. Lee County used this money to hire magistrates, and senior judges, as well as additional clerks. These judges and magistrates then scheduled huge amount of docket soundings, and eventually trials.
Normally, a case is not set for trial unless the parties to the lawsuit decide that it's time to set the case for trial. Not so in Lee County foreclosure court. These cases are being forced into trial by the very judges and magistrates hired to deal with the backlog.
Being forced into trial is not what is causing these cases to be dismissed, however. At the end of the day, the banks are simply not prepared to move forward in most cases. The reasons for that are many, and you can bet that the robosigning and securitization debacles are the main culprits. When the bank cannot produce the evidence necessary to prove its case, and the Court has called the bank's bluff, there is no choice but to dismiss the case.
If you or someone you know is dealing with a foreclosure issue, the most important call you can make is to a lawyer who handles real estate litigation, and foreclosure defense. The issues we deal with in foreclosure court are myriad, and sometimes difficult to understand. When you are ready to learn more about your rights as a homeowner dealing with a foreclosure, contact me a for a free consultation.