In no uncertain terms, Florida attorney Kendall Coffey wrote in a petition to the Supreme Court of the dire and desperate financial situation that faces more than 360,000 Florida borrowers. An article published by The Florida Bar News outlined the dramatically phrased petition that describes the serious crisis Florida homeowners are grappling with. Kendall Coffey, former U.S. Attorney for South Florida, wrote in the petition for a pre-judgment mediation, “These financial storms have hit Florida with the financial force of a category five hurricane.”

Kendall Coffey and his associates are working hard to prevent an enormous wave of foreclosures in the wake of the 2008 economic crisis. Kendall Coffey included some grim statistics in his petition, writing “There are a projected 423,700 foreclosures in Florida in 2009 and a projected 1.4 million in Florida over the next four years.”

The petition urges the court to use its emergency rule-making powers to avoid “one of the most frustrating realities” of homeowners unable to make a fiscally responsible decision that would be beneficial to both the borrower and the lender.

“Too often, it is not until the lender’s motion for summary judgment is heard, or even later at the foreclosure sale itself, that these individuals first have an opportunity to discuss their situation,” Kendall Coffey wrote, “By then, it is too late.”

Kendall Coffey and his team is proposing several provisions for the following emergency ruling, including:

• Unless a decision is invoked by the parties in writing within five days of the foreclosure complaint, a judge shall order a mediation.
• Within 15 days of the mediator’s selection, the court shall inform the parties about possible pro bono representation.
• The Plaintiff must give the mediator a “Plaintiffs Certificate Regarding Status of Residential Property” to determine if the property is owner-occupied, and if so, the plaintiff must supply the occupant with information regarding the lender’s representatives.
• The mediator must be compensated for his or her services, and if the mediation is not successful, the plaintiff must pay for the costs of the mediator.

Several Florida courts have set up procedures to give borrowers more time and assistance in preventing foreclosure. Many of these courts are also facilitating communication between the lenders and borrowers. Courts in Duval and St. Johns county judges have required that all foreclosures must provide borrowers with contact information for Jacksonville Area Legal Aid. Nassau, Orange, and Osceola counties have prohibited telephone hearings in foreclosure cases. In Sarasota, Desoto, and Manatee counties, judges have ordered that “circuit foreclosure liaison” be appointed by each party, and have established the Homestead Foreclosure Conciliation Program to resolve disputes.

The petition notes that these courts have “taken the additional step of ordering mandatory pre-judgment mediation…in an attempt to protect their citizens against the adverse economic and familial impact of high residential foreclosure rates.”

Kendall Coffey and his associates, while acknowledging that Florida courts have moved to protect residents, urged the court to create a unified statewide system to directly deal with the foreclosure crisis. “At a time when the number of mortgage foreclosures has increased by 97% statewide…a uniform statewide system which requires lenders and borrowers to come together…is necessary.”

Article Source: The Florida Bar News.

Kendall Coffey is currently a partner at Coffey Burlington in Miami, Florida. Kendall Coffey has been involved in numerous high-profile cases, including the Miami voter fraud trial, the Elian Gonzalez saga and the 2000 Presidential recount litigation. Kendall Coffey is also a prolific author of many legal works and is often called upon for legal commentary for news networks.

More information on Kendall Coffey:

• Kendall Coffey speaks about the current mortgage crisis in Florida.
• Kendall Coffey authored the article “Litigating at Light Speed” for The Florida Bar Journal.
• Quotes from Kendall Coffey.
• Kendall Coffey comments on President Barack Obama’s decision whether to retain the current U.S. attorneys.
• Kendall Coffey believes Walker Lindh attorneys face uphill legal battles.

Tags: kendall coffey; florida foreclosures; housing crisis