In Sarasota, Florida, the Sarasota Herald Tribune reports:
- Starting Friday, hundreds of people could lose their property each month in foreclosure hearings scheduled to take less than two minutes. Often called a “rocket docket,” the streamlined foreclosure court can schedule up to 250 cases per day, sending properties to auction in cases where the owners never showed up to defend themselves.
- Speeding those cases through the court system will help unclog a glut of foreclosure cases, allowing civil judges to focus on cases where homeowners are fighting to save their property, as well as the other lawsuits they normally oversee. […] “I don’t want to have these undefended cases stacking up,” 12th Circuit Chief Judge Lee Haworth said. “It just seemed to be the right thing to do.”
- Foreclosure defense attorneys, who have seen case after case where lawyers representing banks are giving false statements in court, worry that some homeowners will slip through the cracks and lose property they should not. […] A retired attorney living in Sarasota, whose study of 180 Sarasota County cases found only one in four had complete paperwork, said the fast docket leaves less time to catch those kinds of mistakes. “There is no check, no screen, to make sure the most obvious, egregious errors are corrected,” Richard Kessler said. “It’s not a hearing, it’s a hanging.”
- Haworth said the system puts the burden on the person being foreclosed on to point out any flaws there may be in the case against them. “If they decide for whatever reason they choose not to defend it, then they are defaulted,” he said.
For more, see Two minutes, and home goes away.
For story update, see ‘Rocket docket’ for foreclosures begins.
For posts that reference the failure of mortgage lenders and their attorneys to file the proper paperwork when bringing foreclosure actions, Go Here, Go Here, Go Here, Go Here, Go Here, Go Here, and Go Here.