• 12
  • April
    2011

The American Civil Liberties Union has filed a petition with the Florida Second District Court of Appeals, with the aim of convincing the court to stop the rocket docket process in the Twentieth Judicial Circuit Court in Lee County. The ACLU filed the petition on behalf of a woman who is fighting foreclosure. The organization is arguing that the woman's due process rights will be violated if her foreclosure goes through the mass docket.

The ACLU claims that the mass processing of foreclosure cases violates "due process rights under the Florida and U.S. Constitutions," according to an article by Kerri Panchuk in Housing Wire. The docket was designed to handle the huge amount of foreclosure cases that have resulted from the housing market's crash as efficiently and quickly as possible. The ACLU says that this special docket was put in place near the end of 2008.

The ACLU claims that the rocket dockets' push toward summary judgment favors plaintiffs. The organization also claims that plaintiffs are favored because the rocket docket was designed with the input of foreclosure attorneys. For these reasons, the ACLU believes overall that a homeowner will not have the chance to properly defend against foreclosure.

It's true that there is a large backlog of foreclosure cases in Florida courts, but the ACLU argues that the rocket docket is not the way to deal with the issue because the Florida Rules of Civil Procedure, Florida law and the Supreme Court of Florida all say that a person's foreclosure defense has the right to due process.

Source:

ACLU pushes to slow mass foreclosure docket in Florida (Housing Wire)