Lisa Myers has a Video Series on Foreclosures and this segment discusses Jacksonville and some of the problems we face daily. We were interviewed for this segment of the series.

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You can view/read the main text article for the special report here:

http://www.msnbc.msn.com/id/42881365/ns/business-personal_finance/

You can watch the four Lisa Myers reports here:

Foreclosure Crisis: The Mortgage Loan Modification Trap

Foreclosure Crisis: The Whistleblowers

Foreclosure Crisis: Manufactured Loan Documents

Foreclosure Crisis: The Face of Foreclosure: One Family's Story

A panel of the 2nd District Court of Appeals (2nd DCA) is requiring that the Lee Circuit Court file a response to the American Civil Liberties Union's (ACLU) challenge to the legality of that court's foreclosure proceedings. The 2nd DCA issued the order just weeks after a petition seeking an intervention was filed by the ACLU on behalf of a Cape Coral homeowner, Georgi Merrigan, facing foreclosure. The order requires Lee Circuit Court to address allegations that judges on the court's "rocket docket" have been giving preferential treatment to lenders as they move foreclosure cases through the system at an extremely rapid pace.

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Visit msnbc.com for breaking news, world news, and news about the economy

The Florida Office of State Courts Administration just released the statewide stats from the first three months of rocket docket operations and the numbers are startling. From the period of July 1 through September 30, Florida courts disposed of 65,830 foreclosure cases with almost 71% of those cases being decided in "rocket docket" hearings where cases are decided in a matter of minutes. Palm Beach County was the most prolific at getting rid of foreclosure cases, ridding the county of 9.846 foreclosure cases. In that same time period only 23 foreclosure cases went to trial, less than 1% of the disposed of cases.

The "rocket docket" courts were created to stimulate the Florida housing market by ridding the state of the mass of foreclosure cases and getting homes back onto the housing market quickly. While the numbers of cases being cleared is astonishing, there are 396,509 foreclosure cases still active in Florida courts. Most of the cases being cleared by "rocket docket" courts are those where the homeowner doesn't respond to the foreclosure suit or where they are not represented by an attorney. In most cases, to defeat the "rocket docket" hearing all a homeowner needs is one issue of legal fact!

If you are facing a Florida Foreclosure Lawsuit in one of the "rocket docket" courts, contact a Jacksonville Foreclosure Defense Lawyer or a Florida Foreclosure Defense Lawyer today to review your case and determine what defenses may be available to you.

Florida Supreme Court Chief Justice Charles Canady ordered the chief justices of all of the state's trial courts to ensure that foreclosure courts, a.k.a. "rocket dockets", are open to the public. Over the last several weeks many media outlets began reporting on the closed nature of the proceedings, including some citizens being told by court officials that proceedings are closed to the public, something foreclosure defense attorneys have been pointing to for months.

In his statement, Chief Justice Canady instructed judges to make sure the "rocket dockets" are "entirely consistent with the constitutional, statutory, procedural rule, and case law requirements of this state regarding the presumption that state court proceedings are open to the public." Addressing the "goal" of eliminating 62% of foreclosure cases currently residing on each docket, Chief Justice Canady stated that the 62% was never a quota and that the percentage was actually a reflection of the amount of money actually given, $6 million, versus what the courts requested to clear the backlog. Canady also emphasized that "each case must be adjudicated in accordance with the law."

This order marks another small victory for Florida homeowners who are facing foreclosure lawsuits. Maybe now "rocket docket" judges will take the hint and judge cases on their individual merits. If you are facing a Florida Foreclosure Lawsuit contact a Jacksonville Foreclosure Defense Lawyer or a Florida Foreclosure Defense Lawyer today to review your case.

To read the full text of Florida Supreme Court Chief Justice Canady's memorandum click here.

FOR IMMEDIATE RELEASE
CONTACT: (212) 549-2666; media@aclu.org

TALLAHASSEE, FL - The American Civil Liberties Union, the ACLU of Florida and a coalition of journalistic and First Amendment organizations today delivered letters to two top judicial officials in Florida urging them to ensure that foreclosure court proceedings in the state are open to the public.

The letters, sent to Chief Justice Charles P. Canady of the Florida Supreme Court and Chief Judge Donald R. Moran of Florida's Fourth Judicial Circuit, highlight a number of reports from around that state that, taken together, point to a troubling pattern of foreclosure courts operating behind closed doors rather than openly as mandated by Florida law.

"Our organizations have received numerous reports that extraordinary barriers to access are preventing members of the general public, as well as representatives of the news media, from observing foreclosure proceedings in judicial circuits around the state," the letter to Chief Justice Canady reads. "We believe these barriers undercut the transparency of the judicial process; they also violate the strong presumption of open access to judicial proceedings under Florida law."

Continue reading "ACLU Calls On Jacksonville and Florida Judges To Ensure State Foreclosure Court Proceedings Are Open To Public " »

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Judge Soud states he is not there to check every exhibit presented to him

A new trend is arising in regard to the implementation of the foreclosure "rocket dockets", cases being set for summary judgment that contain some form of procedural or paperwork issue. While the problems with fraudulent and improper paperwork in Florida Foreclosure Lawsuits has been detailed by many news outlets and the Jacksonville Foreclosure Lawyer blog, the Florida Bar has just released some of their recent findings about this problem.

According to a Florida Bar News article, 20% or more of the cases set for summary judgment in "rocket docket" circuits do contain an issue regarding the paperwork or the procedure. 116 of the 534 hearings scheduled between late August and early September on the 12th Circuit's foreclosure docket contained these sorts of errors. Many attorney's and foreclosure experts agree that the first step toward combating paperwork and procedural problems is for homeowners to hire a competent attorney to review their cases in order to detect any of these issues. These errors can cause delays in the foreclosure process, prolonging recovery from the current foreclosure crisis.

If you are facing a Florida Foreclosure Lawyer you may be one of the thousands of Florida homeowners with cases that contain some form of error. Contact a Jacksonville Foreclosure Lawyer today to review your case and determine what defenses are available that may save your home.

STOP THE PRESS

Without title insurance, the home is not able to be sold except to a cash buyer who would not be able to sell it later where financing would be required.

This means the foreclosed home is essentially worthless.

If you recently purchased a foreclosed home, you should check your title policy for exclusions which could limit your ability to sell your home in the future. Contact a Jacksonville Foreclosure Defense Lawyer to discuss your situation.

In an attempt to adhere to the mandate for Florida circuit courts to clear the backlog of foreclosure cases that have been choking Florida courts, the Miami-Dade Circuit Court is implementing a new strategy that could potentially be harmful to Florida homeowners. In July the Miami-Dade circuit received $862,053 from the state of Florida with the mandate that it must clear of 52,000 of its 79,000 foreclosure cases by June 30, 2011. The circuit has created a process where foreclosure cases filed before January 1, 2009 are now heard by senior judges whose sole job is to consider motions for summary judgment.

This new system is a concerted effort to lessen the load on current circuit court judges whose caseload has grown to 6,000 cases at a time, far more than the usual 1,800 that were handled before the foreclosure crisis began in 2007. Many foreclosure defense lawyers are fearful that the new system will morph into a "rocket docket" where lenders are granted summary judgment improperly just to erase the backlog of foreclosure cases, which runs counter to the ideals of the law and harms Florida homeowners.

"Rocket Dockets" and other similar court programs are popping up all over Florida in response to the mandate from Florida lawmakers to alleviate the pressure that the number of foreclosure cases has had on Florida circuit courts. While these courts will rid the system of foreclosure cases there is the potential for unnecessary harm to Florida homeowners. If you have been served with Foreclosure Lawsuit contact a Jacksonville Foreclosure Defense Lawyer for a free consultation and to review your case.

Manatee County circuit judge Janette Dunnigan has had enough of the unethical and potentially illegal practices of the foreclosure mills and imposed a $49,000 fine on Smith, Hiatt and Diaz for its handling of a Florida Foreclosure Lawsuits. In handling the case, originally filed in 2007, Smith, Hiatt, and Diaz has set seven different hearing and either not showing up for them or canceling them at the last minute and not notifying the homeowners or their attorney's.

Judge Dunnigan called the behavior "willful, deliberate and flagrant and (it) violates oaths of professional practice for lawyers." This is believed to be the first major penalty from a state court judge attacking how the foreclosure mills handle their practice. Judge Dunnigan also imposed an additional $7,000 per day fine until Smith, Hiatt and Diaz provides her with a description of a few policy to clean up their practice of setting hearings without having all their documents prepared accordingly.

Hopefully, this is the first major step toward stopping how the foreclosure mills deal with Florida Foreclosure Lawsuits. Their practices clog the courts with unnecessary cases and most of all hurt Florida homeowners. If you are facing a Florida Foreclosure Lawsuit contact a Florida Foreclosure Lawyer today to review your case and see what defenses may be available to help save your home.

The "rocket docket" has been implemented in several counties in Florida as a way for the court systems to clear the backlog of pending foreclosure lawsuits. The criticism of this program is that it sacrifices the due process right that a homeowner is entitled to in order to expedite the cases through the system. The "rocket docket" makes it very difficult for an unrepresented homeowner to retain their homes because it basically eliminates their opportunity to defend themselves against the foreclosure.

Retired lawyer Richard Kessler claims that he has the tool that could bring the "rocket docket" to an end. He calls his solution the "Rocket Docket Annihilator" and it consists of an electronic packet of forms which he claims will force the court to remove the case from the "rocket docket" and transfer it to the regular docket. Kessler makes it clear that this packet does not stop foreclosure it just slows the process and gives the homeowner an opportunity to defend themselves.

Almost every Florida Foreclosure Defense Lawyer and Florida Judge advises against the use of pre-fabricated legal documents. These pre-fabricated forms are just a band-aid that will slow the foreclosure process down but will not help solve the problem. The "Rocket Docket Annihilator" may not be the best course of action for an individual that is facing a Florida foreclosure lawsuit. But the basic idea behind it is legitimate: If a homeowner does not file paperwork with the court then their case will be handled in a matter of minutes and they will have no opportunity to defend themselves and stay in their home.

If you are facing a Florida foreclosure lawsuit, contact a Florida Foreclosure Lawyer or Jacksonville Foreclosure Defense Lawyer to determine what options you have an protect your your opportunity to defend yourself against foreclosure.