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.

This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.

When you receive an order strike notice for trial, it means that the trial that was scheduled has been postponed. This usually occurs when one of the parties involved in the court action files a motion to get the trail date re-scheduled or delayed for some reason. It’s an order that is common in foreclosure cases, domestic and custody cases as well as other criminal and civil proceedings. If you are not already represented by a qualified and experienced attorney who specializes in real estate and foreclosures, you should consider consulting one. Legal terms can be confusing and overwhelming on their own, and they often have specific and nuanced meanings depending on your particular circumstances and the type of case you are involved with.

When there is an order strike notice that is not the result of a plaintiff or a defendant filing a motion, it’s possible that the judge issued the notice on his or her own. When a case is considered not ready for trial, the initial trial date can be put off. This might happen if there is some sort of disruption between the discovery phase and the actual court trial. If new evidence is discovered that might change the case or one side loses counsel, the court can decide to issue an order strike notice to delay the trial until everyone is prepared and the case can move forward.

If you receive an order strike notice for a trial you were expecting to start, talk to your attorney or contact the clerk of the court for further explanation. This will impact the timing of your case as well as other details involved, and it can be frustrating if you were expecting things to happen quickly and efficiently. To decrease the chance of additional surprises in the future, get an attorney to move forward.

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.

This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.

Divorce is hard enough, but now and again unpleasant circumstances become even more complicated. This is frequently the case with foreclosure, which these days is often an uninvited guest during divorce proceedings. But if you’re in the middle of a divorce and facing the prospect of foreclosure, don’t panic!

The good news is you’re not alone; these cases are fairly common and having a good plan can make all the difference. First, there are three important questions to consider: Which spouse is responsible for the mortgage loan? How will the debt be settled? And what does this mean for your home?

So you’re getting a divorce

When dealing with foreclosure during divorce, the first order of business is to clarify which party (if not both) is legally bound to the mortgage. When married couples first purchase a home, they generally agree to take out a loan—as well as take possession of the property title—together. However, it is not uncommon for only one spouse to assume the mortgage loan, while both spouses take hold of the title.

The bank will come knocking

Once the mortgage goes into foreclosure, the bank will seek payment from whomever signed the mortgage documents. If you and your soon-to-be-ex both signed the mortgage and promissory note, you are both liable. However, if you did not sign the mortgage docs, the bank cannot come after you even if your name does appear on the title.

Either party can decide to assume the loan entirely and release the other from any liability on the debt.But even if you do assume the loan from your spouse, you must still obtain credit approval and show your lender that you do have sufficient income to take over payments.

What happens next?

Establishing who is responsible for the mortgage, and deciding early on whether or not you will keep the home will make avoiding a foreclosure that much easier. Once the divorce is final, you can determine whether a Loan Modification, a Deed in Lieu of Foreclosure, or a Short Sale is the right alternative for you.

Many homeowners are still haunted by the nation’s recent economic standstill, which means that divorce quite frequently coheres with foreclosure. Consulting an experienced divorce attorney will protect your interests and ensure you get through your divorce in one piece.

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.

This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.