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The Real Deal Miami

Judges debate more active role in foreclosures

September 28, 2010 10:30AM

Judge Peter Blanc

Palm Beach County Chief Judge Peter Blanc is attempting to decide
whether judges can take a more active role in foreclosure proceedings,
following the events of Ally Financial’s meltdown last week. There has
been an increase in requests by lenders and loan servicers to cancel
foreclosure sales and vacate judgments after it was revealed that the
company was freezing part of its operations in Florida. Blanc said
he was concerned about cases in which defective affidavits aren’t being
acknowledged, because the borrower may have done a strategic default
and walked away from the home. Blanc is now looking at case law on the
duties of judges to see if they can play a bigger part in examining
foreclosure cases. [Palm
Beach Post]