In foreclosure cases, a case management conference is an option for both parties to meet and discuss the status of the foreclosure in order to advance the case. Usually case management conferences are held when the case has remained stagnant due to its place on the docket or inaction of the parties and nothing has changed in the proceedings.
At a case management conference, the parties attempt to decide the next step in the foreclosure process, which may be an alternative to a foreclosure such as a deed in lieu, short sale, or mediation. However, case management conferences can also result in an expedited foreclosure if the homeowner pursues a case management conference without understanding the process or risks. Thus, preparation is essential in order for a case management conference to be beneficial.
Before the case management conference, both parties may fill out a Case Management Report, which includes basic information about the case such as the date of filing of the complaint, the status of pleadings, documents relating to the property and to the foreclosure, the status of loss mitigation, record activity, and any new developments. By both parties preparing Case Management Reports, information needed to advance the case will be easily accessible during the conference. This also assists both parties in understanding the whole picture from each perspective.
Case management conferences and reports should be taken very seriously. Any information contained in the report or communicated at the conference can heavily influence any action taken toward the foreclosure. No homeowner should go into a case management conference without bringing documentation to help explain missed payments. This may assist in the lender agreeing to an alternate to a foreclosure.
If you’re a homeowner who’s behind on your mortgage payments and facing foreclosure, you may be scheduled for a case management conference. In any matter involving potential foreclosure, it is best to consult with an experienced real estate attorney before making any decisions. Participating in a case management conference without an attorney to represent you or advise you may mean that you speed up the foreclosure process or miss out on an opportunity to avoid foreclosure. Do not risk losing your home without first seeking the advice of an experienced foreclosure attorney.
Stephen K. Hachey, a Florida real estate attorney, can help your wade through this process and determine a positive solution. Contact him at 866-200-4646.
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.