Should Mortgage Foreclosure Defendants Be Entitled to Filing Fee Waiver?

by Kevin
(Ft. Lauderdale, Florida, USA)

Fair access to the court system is the foundation of our constitutional rights. Mortgage foreclosure defendants who have counterclaims, third party claims and crossclaims to assert in those legal proceedings are being denied that access by being forced to pay the high filing fees based upon the value of the real property that is subject to the mortgage foreclosure proceeding. Courts and clerks have summarily refused to waive the filing fee or permit installment payments. As the judicial system has been rocked by allegations of fraud in mortgage foreclosure cases, the victims of mortgage foreclosure financing should not be sunk by those rocks before even having the opportunity to set sail on the judicial journey that has become the new mortgage foreclosure case.