Archive for December 23rd, 2011

No Foreclosures at Christmas – the Right Approach

Broward County, Florida has as many foreclosure cases as anywhere in the state.  In a typical day, it’s not unusual for there to be more than 100 foreclosure sales – in ONE day.  With that backdrop in place, I’m pleased to report there is not a single foreclosure sale scheduled in Broward County from December 21, 2011 through the end of the year.  Don’t believe me?  See for yourself at (the website which conducts all foreclosure sales for Broward County, as well as several other Florida counties).

Trust me, this is no accident.  Remember, just last year, the Broward courts entered an order which cancelled all foreclosure sales which had been scheduled over the holidays.  Clearly, Judge Marina Garcia-Wood, who oversees the foreclosure cases in Broward, appropriately realized that foreclosure lawsuits are suits in equity and it was within her discretion not to schedule foreclosure sales during the holidays.  I know my posts can sometimes come off as critical, so let’s give credit where credit is due.  Kudos to Judge Garcia-Wood for having the sensitivity and foresight to ensure that no foreclosure sales were scheduled over the holidays.

Unfortunately, it does seem that other Florida counties are proceeding with foreclosure sales during the holiday season, including the week between Christmas and New Year’s.  To those counties, I urge you to think about and adopt the approach being implemented in Broward.  Respectfully, there is never a good time for foreclosure, but doing so over the holidays is terribly inequitable and, in my view, borderline inhumane.  I realize everyone has a job to do, but can you imagine being thrown out of your home at Christmas?  The Broward County courts have prevented foreclosure sales over Christmas two years in a row … why can’t every county follow suit?

Finally, I implore everyone to take a moment and think about what is is that makes foreclosure over the holidays so wrong.  When you have that vision in your mind – that feeling of family and friends, together at home, ask yourself this – “Is there ever a good time for foreclosure?”

Mark Stopa

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