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Proposal would require mediation for homeowners facing foreclosure in florida

February 11, 2010 by Judy  
Filed under Foreclosure News

Stop the foreclosures by helping the homeowners - mediation may be the answer

By Jeremiah Jacobsen

FORT MYERS, Fla. - Florida lawmakers are considering whether the law should protect homeowners facing foreclosure. One prominent Southwest Florida foreclosure attorney says: it’s about time!

Right now, foreclosure attorneys say one of the biggest problems is lenders aren’t communicating with homeowners. The proposal in Tallahassee looks to change that by forcing both sides to work together to keep people in their homes.

“If I had a dime for every person who came in here and said, ‘I wish they would just work with me,” said attorney Carmen Dellutri, who says he’s seen plenty of frustated homeowners who wonder why its such a struggle to get help from their banks.

“Look, let’s get these lenders together with the homeowners, across the table, with a neutral third party and get these issues hashed out. Let’s keep these people in their homes, let’s get them paying their mortgages again,” Dellutri said.

A plan in Tallahassee would require exactly that: mediation between lender and homeowner.

“This bill is to level the playing field. It is a homeowner’s bill of rights and it preserves the right of access to the courts for all Floridians,” said Sen. Dave Aronberg, who proposed the idea in the Florida senate. Aronberg wants to counter a plan by the Florida Bankers Association that would allow lenders to foreclose without a hearing.

“The judges aren’t the problem here, the mortgage companies are foreclosing instead of trying to work it out with people,” Dellutri said.

Aronberg’s bill would guarantee the judicial system would stay involved.

Dellutri says anything would be better than the nothing he believes is happening now on behalf of homeowners.

“This should have happened two and half years ago. And I don’t know why it hasn’t. I really don’t,” Dellutri said.

Aronberg’s proposal also calls for re-appraising the homes facing foreclosure, to take into account lower property values. There would also be protection for renters whose landlords are being foreclosed on.

The plan still faces a vote in both the Florida House and Senate.

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