Foreclosure Proceedings Must Remain Open to the Public

c_Courthouse-cropped.gifUnique issues continue to arise every day during the continued and growing foreclosure crises. We recently discussed the erosion of basic due process rights as a direct result of Florida’s “rocket dockets.” But another growing concern centers on the decision made by many Florida Judicial Circuits to close foreclosure proceedings to the public at large. As a result, Florida’s Supreme Court’s Chief Justice recently wrote to all of the state’s local chief judges.

The Chief Judge’s letter is being sent as a direct response to a letter from the Florida Press Association’s general counsel and other organizations informing the Chief Justice of possible instances in which judges have prohibited members of the public from attending foreclosure proceedings. In his statement Chief Justice Canady expressed deep concern about the allegations.

In his letter to the Chief Justice the attorney for the Florida Press Association listed several instances that have occurred since August. These allegations include:

1. A court observer that called a courthouse about the rules regarding attendance at foreclosure proceedings was told the hearings are not open to the public.

2. A woman representing herself in a foreclosure proceeding was told by a court security officer that she could not attend proceedings because only attorneys were allowed to attend.

3. Another court observer was informed that foreclosure hearings were held in private chambers and not open to the public.

4. An attorney was “castigated” for attending a hearing with a reporter from Rolling Stone magazine.

In response to those allegations, the Chief Justice’s letter told the state chief’s judges to speak with clerks and bailiffs to ensure visitors and callers are provided with accurate information regarding attendance at foreclosure proceedings. He also stated that the goal of resolving 62 percent of foreclosure proceedings should not keep judges from ruling on each case fairly and on the merits.

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.
Consider Your Options. Contact Us Today.

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.

Call us today toll free at 1-866-518-2913 or at 305-263-7700.