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Report of the Judicial Branch Commission on Foreclosure Diversion.
Maine Judicial Branch Commission on Foreclosure Diversion (June 2009).
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.
Watson, Matthew.
"Foreclosure in Nevada: One-Action Rule."
Nevada Lawyer (April 2009).
This article addresses the complexities of Nevada's one-action foreclosure rule.
Drury, Mary J., Joshua D. Correlli, and Sally L. Galati.
"Foreclosure in Nevada: The Basics."
Nevada Lawyer (April 2009).
This article discusses the basic concepts of foreclosure under Nevada law.
Rao, John and Geoff Walsh.
Foreclosing a Dream: State Laws Deprive Homeowners of Basic Protections.
National Consumer Law Center, Inc. (February 2009).
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.
The Economic Impacts of Delays in Civil Trials in Florida`s Courts Due to Under-Funding of Court System.
The Washington Economics Group, Inc. (January 2009).
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.
Foreclosures.
Law Library, Superior Court of Arizona, Maricopa County (December 2008).
This resource provides valuable bibliographic informaton about foreclosure books, forms and articles, both generally and more specifically applicable to Arizona.
Total Foreclosure Filings, Rates and Filing Fees for U.S. States.
National Center for State Courts (October 2008).
This chart indicates the total foreclosure filings for 2007, the foreclosure rate, and filing fees for foreclosures in the states.
Defaulting on the Dream: States Respond to America`s Foreclosure Crisis.
The PEW Charitable Trusts (April 2008).
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.
White, Alan M.
The Foreclosure Crisis in Indiana and the U.S.
Valparaiso University School of Law (April 2008).
This presentation provides information about the state of the foreclosure crisis in Indiana, including applicable state statutes.
Mortgage Foreclosure Filings in Delaware.
The Reinvestment Fund, for the Office of the State Bank Commissioner (June 2006).
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.
Bouffard, Andre D.
"Heavy Traffic at the Intersection of Mortgage Foreclosure and Bankruptcy Law."
The Vermont Bar Journal (Spring 2006).
This article explores the legal issues that arise when a claim overlaps both mortgage foreclosure and bankrutpcy causes of action.
Wood, Lawrence.
Illinois Eviction Court Benchbook.
Legal Assistanct Foundation of Metropolitan Chicago (February 2001).
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.
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Arizona - Lawyers Helping Homeowners.
State Bar of Arizona, Arizona Foundation for Legal Services & Education and the Arizona Supreme Court.
This initiative, calls upon volunteer lawyers to assist homeowners in working with their lenders to find appropriate financial arrangements to avoid foreclosure.
California - ForeclosureInfoCA.org Web Site.
The State Bar of California, California Bar Foundation, Public Interest Clearinghouse and LawHelpCalifornia.org.
This mortgage foreclosure Web site provides information for both homeowners and renters regarding the mortgage foreclosure process in California. The State Bar of California is an administrative arm of the state Supreme Court that regulates and supports lawyers.
Connecticut - Foreclosure Mediation Program.
State of Connecticut Judicial Branch.
The Chief Court Administrator has established this program to assist lenders and homeowners to achieve a mutually agreeable resolution to mortgage foreclosure actions through mediation.
Delaware - Project Rightful Owner.
Delaware Superior Court.
The Delaware Superior Court has nearly $5 million waiting to be claimed by the rightful owner. The funds are excess proceeds of Sheriff's Sales that have occurred in the past five years. The excess proceeds arise when the value of the property, at the time of sale, exceeds the amount of money needed to pay off all recorded liens and mortgages. Because of the dramatic increase in the value of real estate in recent years, excess proceeds have become a common occurrence. This Web site provides links to a list of properties, matters that have been set for hearing, petition requirements, and contact information for attorney assistance.
Maryland - Foreclosure Prevention Pro Bono Project.
Pro Bono Resource Center of Maryland.
This program trains lawyers in foreclosure law, which was recently changed in Maryland to give homeowners more time to resolve financial problems. Since Chief Judge Robert M. Bell of the Maryland Court of Appeals called on attorneys to provide assistance in July, more than 700 lawyers have agreed to take part in training offered by the project.
Massachusetts - Help for Residents Facing Foreclosure.
Massachusetts Attorney General`s Office.
In partnership with several bar associations, legal services organizations and advocacy groups, the Massachusetts Attorney General’s Office announced the establishment of a Pro Bono Foreclosure Assistance Hotline that provides assistance to low-income Massachusetts residents.
Minnesota - Foreclosure Resources.
Self-Help Center, Minnesota Judicial Branch.
The Minnesota Judicial Branch offers a variety of online resources about foreclosures, including a process flow-chart, tips, fact sheets, prevention and assistance links.
New Jersey - Statewide Mediation Program.
New Jersey Judiciary.
New Jersey has instituted a statewide residential foreclosure mediation program to assist homeowners at risk of losing their homes. Training is provided for both mediators and attorneys. Forms and foreclosure prevention resources are available online.
Ohio - Foreclosure Mediation Program Model.
The Supreme Court of Ohio.
Ohio maintains comprehensive information about its mortgage foreclosure mediation program online, including forms, resources, training, statutes and rules.
Utah - Foreclosure, Mortgage Fraud and Predatory Lending.
Utah State Courts.
The Utah State Courts maintain a self-help webpage dedicated to foreclosures, mortgage fraud and predatory lending. Both federal and Utah-specific resources are provided.
Maryland - Rules Order.
Standing Committe on Rules of Practice and Procedure, Maryland Court of Appeals. (July 2008).
On July 22, 2008, the Standing Committee on Rules of Practice and Procedure reviewed and approved changes to the procedural rules regarding foreclosure in Maryland.
Kaye, Honorable Judith S. and Pfau, Honorable Ann.
Residential Mortgage Foreclosures: Promoting Early Court Intervention.
New York State Unified Court System (June 2008).
This report details the statewide program for residential, owner-occupied mortgage foreclosures, including explaining the foreclosure process in New York courts, current court efforts and program components.
Pennsylvania - Residential Mortgage Foreclosure Diversion Pilot Program.
First Judicial District of Philadelphia Court of Common Pleas of Philadelphia County (April 2008).
The diversion program is designed to provide early Court intervention in to assure timely determination of eligibility under programs established to facilitate loan work-out and other solutions.
Florida - Homeowners Rights in Foreclosure Proceedings.
Dade County Clerk of Courts Foreclosure Unit (December 2006).
This Miami, Florida court brochure provides information about foreclosure proceedings, property owners' right of redemption and rights to surplus Foreclosure sale proceeds.
Reshard, Earnestine.
Florida Mediation and Arbitration Programs: A Compendium.
19th Edition. Dispute Resolution Center, Office of the State Courts Administrator. (2006).
Foreclosure Arbitration is available in the counties of Volusia and St. Johns in Florida’s 7th Circuit. See the Arbitration/Voluntary Trial Resolution section of the Compendium.
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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 - 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.
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.
Florida - Final Report and Recommendations on Residential Mortgage Foreclosure Cases.
Florida Supreme Court, Task Force on Residential Mortgage Foreclosure Cases (August 2009).
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.
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.
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Fleisher, Lisa.
"N.J. Foreclosure Filings Up 43 Percent in July."
The Star-Ledger (September 2009).
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.
Gosselin, Kenneth R.
"Connecticut Mortgages: 1 in 17 in Foreclosure or Overdue."
The Hartford Courant (August 2009).
Connecticut's foreclosure mediation program has achieved a 62% success rate for mediation cases closed as of June 30, 2009.
Rohrer, Gray.
Foreclosure Rate Remains High, But Falling.
Cape Coral Daily Breeze (August 2009).
This article provides recent statistics for Florida's foreclosure crisis.
Hatcher, Monica
"Mediation Urged Before Foreclosure."
MiamiHerald.com (August 2009).
This article discusses a newly released report from the Florida Supreme Court which recommends mandatory mediation before permitting a case to proceed to foreclosure.
Fleisher, Lisa.
N.J. Foreclosures Rise 31 Percent During First Half of Year.
The Star-Ledger (August 2009).
This article reviews New Jersey's foreclosure experience for the first half of 2009 and provides recent statistics.
"Florida Supreme Court Asks Public for Input on Foreclosure Process."
South Florida Sun Sentinel (June 2009).
The Florida Supreme Court's task force on residential mortgage foreclosures is asking for input on the experiences of borrowers, mortgage holders and attorneys.
McKearney, Chris.
"Foreclosures Still Way Up in Baldwin County."
The Baldwin Bulletin (May 2009).
This article discusses foreclosure statistics for Baldwin County, Georgia and surrounding Georgia counties.
Ruger, Todd.
"Uncontested Foreclosures on the Fast Track."
Sarasota Herald-Tribune (May 2009).
The 12th Circuit Court in Florida has created a new foreclosure court, dubbed the "rocket docket" for its streamlined proceedings.
Mattimoe, Tara.
"Officials Seek to Ease the Pain of Foreclosure Proceedings."
Pekin Daily Times (April 2009).
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.
Carson, Daniel.
"Bay County Foreclosures Show No Sign of Slowing Down."
NewsHerald.com (March 2009).
This article discusses foreclosure filings in the Bay County area.
Limpf, Larry.
"Ottawa County Sees Foreclosure Rate Increase."
The Press (March 2009).
This article discusses the findings of a foreclosure study examining foreclosure filings in several Ohio counties.
Remondini, David J.
Supreme Court Opens Three Front Operation on Mortgage Foreclosures.
Indiana Courttimes, Issue 18.1 (March 2009).
This article describes the Indiana Supreme Court's three-pronged approach to address increased mortgage foreclosures; 1) education for trial juges, 2) training and recruitment of volunteer attorneys, and 3) training and recruitment of attorney-mediatiors.
Wartenberg, Steve.
"Foreclosure Rate Takes a Dip."
The Columbus Dispatch (February 2009).
This article discusses a slight decrease in the number of mortgage foreclosure filings in Ohio, and filings trends from 2006 through 2008.
Andreassi, George
"Foreclosures Cramp Courts."
TCPalm (February 2009).
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.
Cobiella, Kelly and Michelle Miller.
"Glut of Foreclosures Clogs Courts."
CBS Evening News (February 2009).
This article compares foreclosure case proceedings in Lee County Florida and Philadelphia Pennsylvania.
Stutz, Terrence.
"Proposed Constitutional Amendment Would Prohibit HOA Foreclosures."
The Dallas Morning News (February 2009).
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.
Ditzen, Stu.
"Courts Move to Ease Pressure on Mortgage Foreclosures."
AOPConnected (Winter 2009).
This article discuccess Philadelphia's experience with using conciliation conferences to address a dramatic increase in mortgage foreclosure filings.
Hazard, Carol.
"Foreclosure Crisis Hits Virginia."
Media General News Source (January 2009).
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."
Daily Gazette (January 2009).
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.
Dewitt, Molly K.
"Foreclosures on the Rise in Onslow."
ENC Today (January 2009).
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."
Journal Sentinel (January 2009).
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.
Spoto, MaryAnn
"New Program Aids N.J. Homeowners Facing Foreclosure."
The Star-Ledger (January 2009).
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.
Thompson, Tiffany.
"North Carolina Works to Fight Foreclosure."
The Stanly News and Press (January 2009).
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 initatives to provide assistance to families facing foreclosure.
Miller, Mike.
"State Foreclosures Up Again."
The Capital Times (January 2009).
Article discusses foreclosure filings in Wisconsin, including variations among counties.
Mitchell, Tia.
"Will Jacksonville Be Nation`s Foreclosure Capital in 2009?."
Jacksonville.com (January 2009).
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.
Dolan, Kathryn.
"Recession Hits Home: The Mortgage Foreclosure Crisis and Our Indiana Courts."
Indiana Courttimes, Col. 17, No. 6 (December 2008).
This article discusses efforts by judges to identify new approaches to a growin national problem, including localized approaches and efforts by the Indianapolis Bar Association Mortgage Foreclosure Task Force.
Sayre, Mark.
"Financial Cases Straining Courts."
Las Vegas Now (November 2008).
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.
Feehan, Jennifer.
"Financial Cases Spur Jump in Wood County Docket."
Toledo Blade (October 2008).
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.
Prevost, Lisa.
"How Talks Can Avert Defaults."
The New York Times (October 2008).
Court-based programs in Connecticut, New York and Ohio bring lenders and homeowners together to mediate foreclosure actions.
Rujumba, Karamagi.
"Officials Warn of Coming Rise in Foreclosures."
Pittsburgh Post-Gazette (October 2008).
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.
Robertson, Kathy.
"State Bar, Nonprofit Launch Foreclosure Web Site."
Sacramento Business Journal (October 2008).
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.
Monahan, Rachel.
"Nonprofit `Common Law` Trains Homeowners to Be Their Own Lawyers."
Daily News (September 2008).
As a result of New York City's growing foreclosure crisis, and the outstripping of availalbe 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.
Eligon, John.
"Court Offers Homeowners Help Avoiding Foreclosure."
The New York Times (June 2008).
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.
Treadway, Tyler.
"Foreclosure Storm Forces Court to Extend Hours in St. Lucie County."
TCPALM (March 2008).
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."
Washington Post (November 2007).
Maryland's Homeownership Preservation Task Force will reportedly seek stricter oversight of mortgage lenders, an extended foreclosure process and tougher laws against fraud.
Faulkner, Dave.
"Connecticut Foreclosures - The Courts Are in Charge."
Ezine Articles (May 2007).
This article provides information about the foreclosure process in the Connecticut courts.
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