The American Civil Liberties Union (ACLU) believes that some counties in Florida are fast-tracking foreclosures to the detriment of the justice system, and they want those judges stopped. In fact, they are claiming that a court in Lee County, Florida that specializes in foreclosures has “prevented homeowners from having a chance to save their homes, regardless of bank fraud or any other legitimate defense”[1]. The suit alleges that judges in this court, unlike many of their counterparts nationwide, refuse to investigate bank evidence if the owner is in default according to the bank.
A Lee County court clerk recently complicated matters for the system by stating publicly that “the first wave of foreclosures were all speculators, investors who had two or three properties” and that this ownership profile made “rocket dockets” perfectly justifiable since the homes were uninhabited[2]. The same clerk acknowledged that there are probably title issues with a lot of the homes going through the expedited foreclosure process in Lee County, but stated that the issue is mostly a “false sense of hope [that some homeowners] are going to be able to stay in their houses because of some technical glitch” and emphasized that the issue is one for the legislature, not the court to deal with. Not surprisingly, with public statements like these to go on, homeowners – and now a state appeals panel, are demanding a response from the Lee Circuit Court[3].
While the ACLU is focusing currently on one foreclosure in particular, the case requests that the entire system be reviewed and judged. Florida’s foreclosures have created serious problems for everyone involved, and it’s understandable that some people might think that rushing the process might rush the recovery. Do you think that mindset is defensible?
Thank you for reading REJournalOnline!
Let us know whether you think “rocket dockets” are or were ever a good idea.
[1] http://finance.fortune.cnn.com/2011/04/18/fighting-a-foreclosure-suit-hope-for-the-right-judge/?section=magazines_fortune
[2] http://www.dailyfinance.com/2011/01/27/qanda-with-a-defender-of-floridas-rocket-docket-foreclosures/
[3] http://www.naplesnews.com/news/2011/apr/19/foreclosure-challenge-appeals-court-seeks-lee-resp/