HCBA Lawyer Magazine Vol. 30, No. 3 | Page 66

ForeClosure Disbursements: Who reaps the FinanCial reWarDs? Real Property, Probate & Trust Law Section Chairs: Elaine McGinnis - Law Office of Elaine McGinnis, P.A. and Kristin Morris - Shutts & Bowen hillsborough’s residential mortgage Foreclosure mediation program is an excellent resource to F oreclosure proceedings are an unpleasant affair, where generally there is much to be lost by many parties. Mortgagees may have defaulted on their loans because of unforeseen financial difficulties and may be fearful of their pecuniary and housing future. Alternatively, a bona fide lender made it possible for the mortgagee 64 negotiate a resolution and avoid foreclosure. to enjoy their dream home. A mortgagee’s default requires a mortgagor to begin legal proceedings to inform the court that the residence should be returned to the bank, with the ultimate goal of reselling it. These legal proceedings increase the final debt to the mortgagee, through accrued interest, court costs and attorney’s fees. Oftentimes, neither party is enriched by this unfortunate process, and lenders will offer loan modifications or short sales to avoid foreclosure. It is important to note that mortgagors who wish to recoup Continued on page 65 JAN - FEB 2020 | HCBA LAWYER