Tuesday, April 19, 2011

Court Officials' Internal E-Mails Support Allegations Of An Out-Of-Control Foreclosure Rocket Docket

North Country Gazette reports:
  • Documents made public by the American Civil Liberties Union reveal a startling rush by judges in Lee County, FL to force as many foreclosure cases as possible through a specially created court system.
  • The documents, obtained by the ACLU through a public records request filed in October with judicial officials across Florida, provided part of the basis for a petition filed last week by the ACLU charging that the special “mass foreclosure docket” in Lee County systematically denies homeowners a fair opportunity to defend their homes against foreclosure.

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  • Among the documents made public are internal emails sent among Lee County foreclosure court officials. One of the emails outlined the court’s specific numerical goal for clearing foreclosure cases, which the court had not previously made public. According to a court administrator, “our goal for this project is to “dispose of” the number of cases filed each month “plus 1,040 additional cases.”
  • In another email from September 2010, one judge says she “uniformly” denies motions to continue foreclosure cases in instances where homeowners argue there is additional discovery that needs to be undertaken or they are pursuing a settlement agreement.
  • And in an August 2010 email, one judge reports to another his concern that particular plaintiffs’ attorneys are “getting burned out” by the pace of the foreclosure court’s docket and asking for ways in which judges might “give them some relief or help them in some way.”

For more, see Florida Judges Rushing Foreclosures.