Anatomy of a foreclosure case

January 18, 2012 | By | Reply More

Consider this description of a Florida foreclosure docket by the Orlando Sentinel:

Most of the borrowers — maybe 95 percent — don’t have representation,” said dispute-resolution expert Sandra Upchurch, who administered the state foreclosure mediation in Volusia County courts. “Many made bad decisions, and some loans have legitimate problems. But if borrowers have no lawyers, the cases aren’t being argued. And those cases are going to get opened and closed in 30 seconds, and those buyers don’t have a chance.

If you don’t believe this, go visit your own state’s foreclosure docket–except, wait! Most states have non-judicial foreclosure. They don’t even require a judge to review foreclosure sales.    And this is in the context of a system where most home loans have seriously defective paperwork.   These are numerous cases out there where a good lawyer can successfully fight off the foreclosure, yet 95% of foreclosed homeowners don’t have lawyers.


Category: Court Decisions, Law, Social justice

About the Author ()

Erich Vieth is an attorney focusing on consumer law litigation and appellate practice. He is also a working musician and a writer, having founded Dangerous Intersection in 2006. Erich lives in the Shaw Neighborhood of St. Louis, Missouri, where he lives half-time with his two extraordinary daughters.

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