Florida’s “Rocket Dockets” are Eroding Basic Due Process Resulting in Our Miami Foreclosure Defense Lawyers to Decry the Growing Judicial Intolerance to Foreclosures

gavel.JPG“We who labor here seek only truth.” With these immortal words, Courthouses around the Country, including those right here in South Florida, stand as imposing places where justice is done, right? Wrong!! In these days of fast food justice and “Rocket Dockets”, the truth is the furthest thing on the minds of the Judiciary and their over-zealous support staff.

Not even the mounting foreclosure crisis, the investigations launched by all 50 State Attorney Generals into the faulty, and arguably criminal foreclosure practices employed by the Nation’s largest banks and the Federal Government’s recent criminal investigation, in conjunction with “robo signing” allegations, coupled with many recent appellate courts vacating foreclosure judgments on grounds that the trial courts failed to do their jobs in ensuring that the bank has all the necessary evidence to foreclose on the property, is enough to get the Judiciary to actually “seek only the truth”.

Take for example, the story of a local couple whose home is in foreclosure. The Bank pursuing the matter halted its pursuit of foreclosures while it performs an internal audit of its documents and practices. In other words, the Bank itself is saying…” hold on everybody while we seek the truth.” However, the fast food justice kitchens presiding over these cases are not interested in the truth. They are only interested in clearing their dockets. In an effort to ease the load on the dockets of Judges, some Judicial Circuits have implemented a “foreclosure master calendar”. These master calendars (and their masters) are second to none at violating the rights of homeowners and insuring that due process is due to no one.

In the case of the local couple described above, the over-zealous, faceless foreclosure master calendar took it upon itself to schedule a hearing (without any consideration for the desire of the parties or the schedules of their lawyers) on the Bank’s “knock out blow” motion, which by the way, not even the Bank wanted heard as the Bank realizes that there are problems with the procedures employed to attempt to foreclose on the couple’s home. This type of judicial activism is tantamount to judicial bullying, and should not be tolerated in Florida are in the United States.

Let’s not kid ourselves either, the Court did not set the Bank’s motion for hearing so that it could be denied for the patent deficiencies found in the Bank’s filings. Quite the contrary, it was set for hearing so that the Judge could blindly grant it and rubber stamp a Judgment of Foreclosure, thereby crystallizing another injustice like the ones suffered by so many other homeowners.

This cowboy courthouse antic forced the lawyers for the Bank and the homeowners to file a JOINT motion to cancel the hearing. That was no typographical error, a JOINT motion by the Bank’s and Borrower’s counsel was filed to cancel the hearing. The ultimate irony. The Bank and Borrower actually working together to ensure that injustice is not done. Working together against the Judiciary, the very people who are supposedly laboring to seek only the truth.
The current real estate market, and ongoing foreclosure crises, presents all sorts of issues that must be properly navigated. Our Miami foreclosure defense lawyers have assisted many parties in buying enough time to reach the solution that is right for them.

There are many alternatives to foreclosure, and often times it just takes proper planning to properly navigate against the potential pitfalls. Help is often available to those who seek it.

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We have been successful in defending many foreclosure cases when given an opportunity to develop a plan to properly defend the foreclosure.

If you are on the brink of foreclosure, need a real estate attorney, or just need to assess your legal rights, please contact our office today.

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