If you are falling behind on your mortgage payments and foreclosure of your Miami-Dade County, Florida homestead property is imminent; or if your homestead property is already in foreclosure, your lender may be required to participate in a mediation before proceeding in Miami Dade County courts.
In May of 2009, the 11th Judicial Circuit enacted the Circuit Homestead Access to Mediation Program (“CHAMP”). The CHAMP program mandates mediation of homestead properties in foreclosures filed after May of 2009. If your homestead property has been foreclosed on in Miami Dade County, Florida and you have not participated in mediation, your lender may be violating your legal rights.
Due to Florida’s foreclosure crisis, and the limited judicial resources in Miami Dade County, Florida, the CHAMP program was enacted to facilitate improved communication between homeowners and lenders and better manage the crowded Miami-Dade dockets. The program also provides the homeowner the benefit of sitting down with the lender and attempting to work out a settlement arrangement that may ultimately keep the homeowner in his home. It also forces the lender to review your financial situation in good faith and communicate with its own lawyer about your financial situation. This is done in the presence of a skilled mediator whose job it is to get both parties to compromise and resolve the matter.
Contacting a Florida foreclosure defense attorney is the best way to protect your Miami Dade County, Florida Homestead. Even if the foreclosure of your homestead was filed before May of 2009, a foreclosure defense attorney may assist in compelling mediation and saving your homestead.
Law Office of Ray Garcia, P.A.
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