As home foreclosure cases piled up in his court, Miami-Dade Circuit Judge David C. Miller began to notice more affidavits from mortgage lenders stating they couldn’t locate the borrowers.
“The ones that caught my attention very early on were the ones that said they didn’t have driver’s license information or they didn’t have employment information for the borrower,” the judge said in an interview.
“Did someone just walk in off the street and say, ‘Gimme money?’ ” the judge asked sarcastically. “I don’t think that’s possible.”
Increasingly, banks are struggling to locate defendants to serve them with formal notices. Whether the banks are performing their due diligence to find the defendants or whether the defendants are being evasive is anyone’s guess. But the judge has begun to appoint guardians ad litem in some foreclosure cases to help the lenders locate the borrowers.
Miller started contacting attorneys such as Houck & Anderson shareholder Raul Chacon in Miami late last year to canvass people with receivership experience to act as guardians ad litem in foreclosure cases. Guardians ad litem generally are appointed to represent incompetent parties or minors. But as foreclosures pile up in the state court system, judges such as Miller are seeking quality help to deal with mounting piles of cases.
Guardians aid in search for delinquent borrowers
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