On March 22, 2013 Administrative Order 3.312 became effective. This order states that any cases filed more than three years ago were being set for mass trials. The purpose of this is to help move cases along and reduce foreclosure backlogs. However, it can also flood the market with foreclosure sales.
A non-jury trial in a Florida foreclosure means that you are just facing the judge and they decide if they are going to grant the foreclosure. It is best to attend these trials if you plan to fight for your home and they are known to be short trials.
Since they are trying to clear a bunch of cases at once, judges are trying to withhold from extending or cancelling a trial. If you have a trial date approaching and need more time to prepare a defense, get a loan modification, close a short sale, or move from the property, you may want to consider filing for bankruptcy. If you file for bankruptcy before the foreclosure trial you may be more likely to have your trial cancelled thus allowing you more time to explore your options.
Foreclosures can be hard to deal with so make sure you understand what the process entails and what is being asked of you. Remember, a non-jury trial in a Florida foreclosure case means that you will just be in the presence of the judge and they will decide whether or not to grant the foreclosure.
Stephen K. Hachey, a Florida real estate attorney, can help your wade through this process and determine a positive solution. Contact him at 813-549-0096.
The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.