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Foreclosures

Resource Guide

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Gregory Hurley

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ICM course - Managing Court Financial Resources.

In this ICM course, participants will develop an understanding of how to manage a court’s financial resources.

Despite federal efforts to provide leadership and funding at the national level, in many ways the foreclosure crisis continues to be a state specific issue, with foreclosure proceedings being addressed in accordance with state laws set forth by the state’s legislative authority. While states have varied significantly in their approach to the foreclosure crisis, common approaches include the creation of foreclosure specific pro-bono projects, one-stop resource centers, diversion programs, and foreclosure task forces.

Links to related online resources are listed below. Non-digitized publications may be borrowed from the NCSC Library; call numbers are provided.

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Trends Articles

General

Defaulting on the Dream: States Respond to America`s Foreclosure Crisis. (April 2008). The PEW Charitable Trusts This report provides a comprehensive look at the policy responses that states have taken to tackle the critical issue of mortgage foreclosures.  The report showcases approaches in two principal areas:  helping borrowers avoid foreclosure and preventing problematic loans from being made.    
Clark, Melanca and Daniel Olmos Emerging Strategies In Foreclosure Mediation. (2011). This article describes several foreclosure mediation program features that appear to have a positive impact on effectiveness and offers those features for consideration by jurisdictions that are seeking to develop or expand programs. The article also includes a list of existing foreclosure mediation programs throughout the nation that are interested in sharing their experiences with mediation program stakeholders in other jurisdictions.
Rao, John and Geoff Walsh. Foreclosing a Dream: State Laws Deprive Homeowners of Basic Protections. (February 2009). National Consumer Law Center, Inc. This report takes a look at the laws in each of the fifty states pertaining to foreclosures and identifies recommendations to modify these laws in light of the foreclosure crisis.  The report also includes an appendix that conducts a detailed analysis of each state's foreclosure law and an appendix that discusses mortgage foreclosure mediation programs.  
Foreclosures. (December 2008). Law Library, Superior Court of Arizona, Maricopa County

This resource provides valuable bibliographic information about foreclosure books, forms and articles, both generally and more specifically applicable to Arizona.
Clark, Melanca and Maggie Barron. Foreclosures: A Crisis in Legal Representation. (2009). Brennan Center for Justice This report by the Brennan Center for Justice looks at the impact of the mortgage foreclosure crisis on families, identifies ways in which legal assistance protects families while in foreclosure, discusses impediments to providing legal representation in foreclosure, and concludes with recommendations. 
Bouffard, Andre D. Heavy Traffic at the Intersection of Mortgage Foreclosure and Bankruptcy Law. (Spring 2006). The Vermont Bar Journal This article explores the legal issues that arise when a claim overlaps both mortgage foreclosure and bankruptcy causes of action.
Wood, Lawrence. Illinois Eviction Court Benchbook. (February 2001). Legal Assistance Foundation of Metropolitan Chicago This Benchbook guide provides guidance on the following topics dealing with landlord/tenant relations: the propriety of granting a landlord's motion for use and occupancy; whether a tenant can cure a criminal lease violation; or the circumstances under which an agreed order may be vacated.
Mortgage Foreclosure Filings in Delaware. (June 2006). The Reinvestment Fund, for the Office of the State Bank Commissioner This report discusses the data available regarding foreclosures in Delaware and analyzes trends in foreclosures. The study seeks to identify how Delaware’s foreclosure trends compare to other places; develops a set of facts regarding overall foreclosures in Delaware; and conducts an analysis of foreclosure activity in New Castle, Kent and Sussex counties.
Report of the Judicial Branch Commission on Foreclosure Diversion. (June 2009). Maine Judicial Branch Commission on Foreclosure Diversion This report details recommendations for use of mediation as a diversion method in Maine prior to foreclosure proceedings, as well as a requirement for notice of free or low-cost legal assistance, credit counseling and other services. 
Walsh, Geoffry. State and Local Foreclosure Mediation Programs: Can They Save Homes?. (September 2009). National Consumer Law Center. This article discusses issues and concerns with the way current state and local foreclosure mediation programs operate and suggests changes to make them better.
The Economic Impacts of Delays in Civil Trials in Florida`s Courts Due to Under-Funding of Court System. (January 2009). The Washington Economics Group, Inc. This Interim Report, prepared for the Florida Bar, demonstrates the dramatic impact that mortgage foreclosure filings have had over the past two years on the Florida court system.
White, Alan M. The Foreclosure Crisis in Indiana and the U.S. (April 2008). Valparaiso University School of Law This presentation provides information about the state of the foreclosure crisis in Indiana, including applicable state statutes.   
Total Foreclosure Filings, Rates and Filing Fees for U.S. States. (October 2008). National Center for State Courts This chart indicates the total foreclosure filings for 2007, the foreclosure rate, and filing fees for foreclosures in the states.

Task Forces and Committees

California - Foreclosure Task Force. Sacramento County District Attorney The Sacramento County, California Foreclosure Task Force has developed a strategy to address area foreclosures, including: 1) preventing additional foreclosures; 2) mitigating community impacts; and 3) asking for help at the federal and state level.
Connecticut - Bench-Bar Foreclosure Committee. State of Connecticut Judicial Branch Connecticut has created a Bench-Bar committee dedicated to foreclosure.  The committee's website include meeting notices, agendas, minutes and proposed standing orders.
Florida - Final Report and Recommendations on Residential Mortgage Foreclosure Cases. (August 2009). Florida Supreme Court, Task Force on Residential Mortgage Foreclosure Cases The task force addresses a variety of aspects of mortgage foreclosure case processing, including attorney involvement, consumer education, pro bono efforts, and the existing judicial foreclosure processes.  Recommendations for improvement include case management considerations, rule proposals, and best practices forms.
Florida - H.O.P.E. Task Force Home Ownership Promotes the Economy. Florida Governor`s Office In Executive Order 08-27, the State of Florida, Office of the Governor created the Florida HOPE Task Force to bring together banking and mortgage industry representatives, consumer advocates and policy experts to address Florida’s escalating home foreclosure rate and the impact it has had on the state’s economy. The Task Force is charged with comprehensively analyzing foreclosure data from around the state and providing recommendations that will minimize the detrimental impact that foreclosures have on the community.
Skinner, Raymond A. and Thomas E. Perez. Homeownership Preservation Task Force Final Report. (November 2007). Maryland's Task Force includes several workgroups focusing on specific issues involving foreclosures, including financial resources, education and outreach, and legal and regulatory reform work groups.  This report provides information about the workgroups as well as task force recommendations.
Strickland, Ted and Kimberly A. Zurz. Ohio Foreclosure Prevention Task Force: Final Report. (September 2007). This report describes the Ohio Foreclosure Prevention Task Force and sets forth recommendations to tackle residential mortgage foreclosures.
Texas - Task Force on Judicial Foreclosure Rules. The Supreme Court of Texas The Texas Supreme Court has issued an Order Creating Task Force on Judicial Foreclosure Rules to examine Rules 735 and 736 of the Texas Rules of Civil Procedure, rules intended to address judicial foreclosure of home equity loans and reverse mortgage loans.  The Task Force website includes links to Task Force meetings and forms.

In the News

Carson, Daniel. Bay County Foreclosures Show No Sign of Slowing Down. (March 2009). NewsHerald.com This article discusses foreclosure filings in the Bay County area.
Court Figures Show Florida Foreclosures Increasing. (February 2010). Florida AP With new foreclosure filings reaching near 400,000 in 2009, Florida's foreclosure caseload approaches 800,000. 
Eligon, John. Court Offers Homeowners Help Avoiding Foreclosure. (June 2008). The New York Times Homeowners in New York who face foreclosures would benefit under a new court program that calls for the creation of a new section of the court charged with helping borrowers and lenders reach speedy settlements.
Barrick, Daniel. Courts to Help Homes. (January 2010). Concord Monitor New Hampshire has announced a new state courts mediation program for homeowners and lenders to aid in foreclosure mediation efforts.  The voluntary program, which is also free of charge, is anticipated to start next month and will provide a trained mediator who will work with the parties.  State Supreme Court Chief Justice John Broderick has written to banks and other holders of mortgages encouraging them to participate in the program.   
Fighting Foreclosure. (November 2009). The Baltimore Sun This editorial discusses legislative reforms put forth by Maryland's Governor O'Malley, including mandatory mediation and additional funding for legal resources.
Feehan, Jennifer. Financial Cases Spur Jump in Wood County Docket. (October 2008). Toledo Blade The Wood County Clerk of Courts' office hit a milestone last year, logging slightly more than 1,000 civil complaints - half of which were foreclosures.
Sayre, Mark. Financial Cases Straining Courts. (November 2008). Las Vegas Now With the economic downturn, the Las Vegas Justice Court is seeing a substantial increase in foreclosures, evictions and collections suits.  This article provides some detail about the general process for these claims within the Justice Court.
Miller, Susan R. Fla. Supreme Court Requires Mediation in Foreclosures. (December 2009). Orlando Business Journal Chief Justice Peggy Quince has signed an order adopting recommendations for foreclosure mediation put forth by the Task Force on Residential Mortgage Foreclosure Cases. 
Thorner, James. Florida Bankers Move to Dramatically Speed Up the Foreclosure Process. (January 2010). St. Petersburg Times The Florida Bankers' Association has presented a state bill to legislators that would establish a "non-judicial" foreclosure process. 
Morgenson, Gretchen and Geraldine Fabrikant. "Florida's High-Speed Answer to a Foreclosure Mess". (September 2010). The New York Times Florida earmarked $9.6 million to set up foreclosures-only courts across the state, staffed by retired judges. The goal of the program, which began in July, is to reduce the foreclosures backlog by 62 percent within a year.
Ruger, Todd. Florida Supreme Court Tightening Foreclosure Rules. (June 2010). HeraldTribune.com A Florida Supreme Court rule requires attorneys for banks and lenders to verify under penalty of perjury the accuracy of allegations and paperwork in foreclosure cases.
Hazard, Carol. Foreclosure Crisis Hits Virginia. (January 2009). Media General News Source This article discusses the foreclosure filings in various key parts of Virginia, a state that has generally fared better in the foreclosure crisis than most states nationwide.
Schlett, James. Foreclosure Rate Jumps in Region. (January 2009). Daily Gazette New York's Capital Region saw a 152 percent jump in foreclosure filings over the 2007 figure, nearly double the national rate of increase in foreclosure activity.  The article discusses the impact of an August, 2008 law that requires borrowers be sent pre-foreclosure notices 90 days prior to issuing default notices. 
Rohrer, Gray. Foreclosure Rate Remains High, But Falling. (August 2009). Cape Coral Daily Breeze This article provides recent statistics for Florida's foreclosure crisis.
Wartenberg, Steve. Foreclosure Rate Takes a Dip. (February 2009). The Columbus Dispatch This article discusses a slight decrease in the number of mortgage foreclosure filings in Ohio, and filings trends from 2006 through 2008.
Treadway, Tyler. Foreclosure Storm Forces Court to Extend Hours in St. Lucie County. (March 2008). TCPALM The St. Lucie County Circuit Court added a night shift to handle increased home foreclosure filings in the civil division. 
Wiggins, Ovetta. Foreclosure Task Force Proposes Remedies. (November 2007). Washington Post Maryland's Homeownership Preservation Task Force will reportedly seek stricter oversight of mortgage lenders, an extended foreclosure process and tougher laws against fraud.
Shanklin, Mary. Foreclosures Clog Courts in Orange, Will Go Online. (February 2010). Orlando Sentinel Orange County, Florida will begin online foreclosure auctions, joining Palm Beach and Miami-Dade Counties.
Andreassi, George Foreclosures Cramp Courts. (February 2009). TCPalm Court officials on Florida's Treasure Coast are pursuing a proposal to require mediation in foreclosure cases to help address increasing foreclosure filings. The article also discusses trends in mortgage foreclosures in several counties, from 2005 through January, 2009.
Dewitt, Molly K. Foreclosures on the Rise in Onslow. (January 2009). ENC Today Article discusses foreclosure filings in North Carolina and discusses regional responses to foreclosure within the state.
Poston, Ben and Cary Spivak. Foreclosures Rise 77% in Milwaukee County. (January 2009). Journal Sentinel This article discusses foreclosure filings by county.  The number of reported foreclosed properties in Milwaukee County jumped 77% last year, the third consecutive year of double-digit increases, while Waukesha County rose 73%, and Washington County 72%. Ozaukee County, which boasts the state's highest median household income, recorded a 47% increase.
Roznik, Sharon Foreclosures Soar in FdL County. (January 2010). FDLReporter.com Foreclosures filings are up for 2009 in Fond du Lac County, Wisconsin for the fourteenth consecutive year, according to the FDL Reporter.
Cobiella, Kelly and Michelle Miller. Glut of Foreclosures Clogs Courts. (February 2009). CBS Evening News This article compares foreclosure case proceedings in Lee County Florida and Philadelphia Pennsylvania.
Cotterell, Bill. House Panel OKs Foreclosure Bill. (March 2010). News-Press.com HB 1523, proposed by Tom Grady, R-Naples, Florida passed the House on March 23, 2010.  According to Grade, the proposal provides additional protections for lenders, property owners and neighborhoods and assures borrowers the right of a meeting with lenders.  Mortgage holders will also be required to prove that an owner is in default.  "The bill provides for a new consensual process for borrowers and lenders to keep a dispute out of court and expedite the resolution," said Grady after the House Civil Justice and Courts Policy Committee approved his bill.
Prevost, Lisa. How Talks Can Avert Defaults. (October 2008). The New York Times Court-based programs in Connecticut, New York and Ohio bring lenders and homeowners together to mediate foreclosure actions.
Hopkins, Jamie Smith Md. Lawyers Volunteer to Help Homeowners Avoid Foreclosure. (January 2010). The Baltimore Sun Maryland's Foreclosure Prevention Pro Bono Project has nearly 1,000 lawyers ready to provide free legal assistance to individuals in danger of losing their properties to foreclosure.    
Hatcher, Monica Mediation Urged Before Foreclosure. (August 2009). MiamiHerald.com This article discusses a newly released report from the Florida Supreme Court which recommends mandatory mediation before permitting a case to proceed to foreclosure.
Miami-Dade County Selling Foreclosures Online. (January 2010). The Associated Press, The New York Times Miami-Dade County in Florida is one of twelve Florida counties that auction foreclosure properties online. 
Burton, Cynthia. Mortgage Foreclosures Way Up in NJ. (January 2010). Philadelphia Inquirer New Jersey's foreclosure filings are up 29% from last year, with Atlantic, Bergen, and Sussex counties hit the hardest, according to this Philadelphia Inquirer article.
Robertson, Gary D. NC Foreclosure Filings Up by 17 Percent in 2009. (January 2010). The Associated Press The increase in North Carolina's foreclosure caseload has risen 17%, double the rate for 2008.
New Foreclosure Case Filings Hit Record in Ohio. (February 2010). The Associated Press For 2009, Ohio reports a record number of foreclosure filings, with three-fourths of Ohio's 88 counties reporting an increase in filings.
Spoto, MaryAnn New Program Aids N.J. Homeowners Facing Foreclosure. (January 2009). The Star-Ledger This article discusses a new program for homeowners facing foreclosure sponsored by the state of New Jersey.  Program components include counseling, mediation, and free legal representation in certain circumstances. 
Fleisher, Lisa. N.J. Foreclosure Filings Up 43 Percent in July. (September 2009). The Star-Ledger This article indicates that foreclosure filings are falling, although still about 43% higher than last year's filing rates. The article also shares statistics for the state's 21 counties. 
Fleisher, Lisa. N.J. Foreclosures Rise 31 Percent During First Half of Year. (August 2009). The Star-Ledger This article reviews New Jersey's foreclosure experience for the first half of 2009 and provides recent statistics.
Monahan, Rachel. Nonprofit `Common Law` Trains Homeowners to Be Their Own Lawyers. (September 2008). Daily News As a result of New York City's growing foreclosure crisis, and the outstripping of available pro bono and government-subsidized lawyers, Common Law, a nonprofit organization is training about 50 homeowners facing foreclosure  to be their own lawyers. Since April, legal clinics for homeowners have been offered every Tuesday night.
Thompson, Tiffany. North Carolina Works to Fight Foreclosure. (January 2009). The Stanly News and Press North Carolina has enacted the State Home Foreclosure Prevention Project, requiring mortgage loan servicers to give a homeowner with a subprime loan notice of a pending foreclosure 45 days prior to the filing of a notice of hearing in a foreclosure proceeding.  The subprime loan must have originated between Jan. 1, 2005 and Dec. 31, 2007.  The program includes $14 million in funding initiatives to provide assistance to families facing foreclosure.
Mattimoe, Tara. Officials Seek to Ease the Pain of Foreclosure Proceedings. (April 2009). Pekin Daily Times Tazewell County, Illinois has adopted a new policy to help ease the burden of foreclosures on homeowners.  Under the new policy, defendants may seek a waiver or deferral of filing fees if they meet the income/asset guidelines, will be helped to provide copies of filings to necessary parties, and may seek continuance of pending foreclosure proceedings if they demonstrate that they have made timely effort to contact the plaintiff and/or counsel.
Rujumba, Karamagi. Officials Warn of Coming Rise in Foreclosures. (October 2008). Pittsburgh Post-Gazette Allegheny county officials have made plans to implement a conciliation program in Common Pleas Court to help homeowners affected by the foreclosure crisis negotiate with lenders to keep their homes. The Home Mortgage Foreclosure Program will create a 90-day stay -- in essence a suspension of court foreclosure proceedings -- to give homeowners time to consult with lawyers and credit and debt counselors in an effort to stave off the certainty of foreclosure.
Limpf, Larry. Ottawa County Sees Foreclosure Rate Increase. (March 2009). The Press This article discusses the findings of a foreclosure study examining foreclosure filings in several Ohio counties.
"Supreme Court Asks Counties to Prepare for Foreclosures". (September 2010). The Bulletin Pennsylvania Supreme Court Chief Justice Ronald D. Castille has encouraged the president judges of all County Courts of Common Pleas to send representatives to a summit of court leaders on foreclosure mediation in October.  During the summit, discussions will take place regarding the different mediation foreclosure programs currently offered in the state.  Programs are offered in Philadelphia, as well as Allegheny, Blair, Bucks, Butler, Lackawanna, Lehigh, Lycoming and Northampton counties. 
Stutz, Terrence. Proposed Constitutional Amendment Would Prohibit HOA Foreclosures. (February 2009). The Dallas Morning News Homeowners associations in Texas would lose their power to foreclose on individual homeowners for nonpayment of dues and other fees under a proposed amendment to the Texas Constitution.
Dolan, Kathryn. Recession Hits Home: The Mortgage Foreclosure Crisis and Our Indiana Courts. (December 2008). Indiana Courttimes, Col. 17, No. 6

This article discusses efforts by judges to identify new approaches to a growing national problem, including localized approaches and efforts by the Indianapolis Bar Association Mortgage Foreclosure Task Force.
Robertson, Kathy. State Bar, Nonprofit Launch Foreclosure Web Site. (October 2008). Sacramento Business Journal The State Bar of California, partnering with the Public Interest Clearinghouse, has created a Web site (ForeclosureInfoCA.org) for consumers that offers mortgage foreclosure information.  The site addresses concerns of both homeowners and renters, and provides links to various agency Web sites on California’s foreclosure process and timelines, counseling for worried homeowners, options for homeowners who can’t meet their payments, and legal resources and information on tenants’ rights when a landlord is facing disclosure.
States Are Pondering Fraud Suits Against Banks. (November 2009). The New York Times This article discusses the possibility of states attorneys general suing mortgage companies for consumer fraud as a result of the mortgage foreclosure crisis, bolstered by a recent Supreme Court ruling. 
Remondini, David J. Supreme Court Opens Three Front Operation on Mortgage Foreclosures. (March 2009). Indiana Courttimes, Issue 18.1

This article describes the Indiana Supreme Court's three-pronged approach to address increased mortgage foreclosures; 1) education for trial judges, 2) training and recruitment of volunteer attorneys, and 3) training and recruitment of attorney-mediators.
Ruger, Todd. Uncontested Foreclosures on the Fast Track. (May 2009). Sarasota Herald-Tribune The 12th Circuit Court in Florida has created a new foreclosure court, dubbed the "rocket docket" for its streamlined proceedings.
Mitchell, Tia. Will Jacksonville Be Nation`s Foreclosure Capital in 2009?. (January 2009). Jacksonville.com In 2008, the Jacksonville Clerk of Court's office began handling 1.000 foreclosure filings a month.  The city was ranked No. 1 by Forbes magazine on its Foreclosure Capitals list and is taking steps that began with a Foreclosure Summit to address the increase in foreclosures.