A Florida Court's 'Rocket Docket' Blasts Through Foreclosure Cases (1,000 cases/day)

[babylonsister]

A Florida Court's 'Rocket Docket' Blasts Through Foreclosure Cases
2 Questions, 15 Seconds, 45 Days to Get Out; 'What's to Talk About?' Says a Judge

By MICHAEL CORKERY


FORT MYERS, Fla. -- Hoping to save her house, Saundra Hill Scott arrived at the county courthouse clutching dog-eared mortgage bills and letters from her lender.

She need not have bothered. The foreclosure hearing lasted less than 20 seconds, with Judge John Carlin asking her two questions: Are you current on your mortgage and are you living in the home? She answered no and yes and then offered to show him her paperwork.

"I don't need to see that. That's between you and the bank," he said as he gave Ms. Hill Scott, her husband and three grandchildren 60 days to work out a deal with their lender or vacate their three-bedroom house.

While the Obama administration prepares to unveil on Wednesday its plan to rescue the U.S. housing market, officials here in Lee County have come up with their own unique plan for dealing with the crisis. To clear a huge backlog of foreclosures, judges are hearing "rocket dockets" of nearly 1,000 cases a day and calling retired colleagues back to the bench to help ease the workload.

more...

http://online.wsj.com/article/SB123491755140004565.html?mod=djemITP

[ixion]

1. she should try the "Produce the Note" tactic... it seems to be very effective

since most banks have since bundled and sold off mortgages.

[blondeatlast]

2. One thousand cases a day... Good Lord. One thousand FAMILIES

threatened with homelessness.

[acmavm]

3. Since OUR tax money has paid off those mortgages, who gets the deed

to the property once the foreclosure process is finished? Because the banks sure aren't fucking entitled to 'em.

[soothsayer]

4. idon't think our money has paid off any mortgages yet

in fact,aren't we expecting some housing policy to come out today?

[acmavm]

6. I do. 350 billion dollars worth. To cover the money they got in the bailout.

I, for one, expect something for my money. And the rest of America should as well.

[flvegan]

5. Listen up people: those big law firms NEVER get the note.

That's right. The big firms in Miami (actually Ft. Lauderdale, last I checked) and Tampa do everything electronically. Everything. The biggest firm outsources much of the work, with the referral coming in from the lender, then it gets redirected to Panama to be entered in the system. Original docs are never secured. The Note is also VERY rarely in the name of the Plaintiff. Plaintiff names are sometimes given to the law firms via a code, oftentimes a trust or "secured asset group" number. The assignment chain is rarely there.

In Florida, if you're being foreclosed on by one of the other bigs, don't request production of the Note...demand it. Consider filing a Motion to Dismiss based on the lack of a Note and for failing to file the action in the proper case style (Plaintiff). Big chance you nail them on one of them. All the firm does is kick it back to an overworked staff at the lender, who then oftentimes has to deal with MERS (big joke, that one). By the time anyone has even had a chance to process that this information is being requested, it's time for hearing on your Motion and they're SOL. In the meantime, call your noteholder's loss mitigation/default resolution department and try to work something out. Get everything in writing. I've seen a number of cases where folks have gone before a judge at the Final Summary Judgment hearing with a fistful of paperwork where, in good faith, they tried to work with the lender to modify the mortgage under reasonable terms. The lender has refused to work with the borrower and the judge withheld Judgment until the lender tried working the loan out.

This is of course not meant to be legal advice. Just words from someone with many years of experience.

[byrok]

7. Who do we demand it from?

I'm sure that I will receive my notice of foreclosure any day now. Who exactly do we demand the note from, and how and when?

[flvegan]

8. Demand it is produced via the Motion/Order to Dismiss.

You're demanding that the court force them to produce the note and proper chain of assignments, and if they fail to do so, to dismiss the case altogether. If you file your M/O once you're served, you should be heard within 30 days on your Motion. Going before the judge at Final Summary Judgment hearing and requesting the Note may be hit or miss, plus you're giving them 60-90 extra days to secure it. Plus, if you get some jerk judge, he/she may ask why you didn't request production at time of service and/or file a Motion for Discovery. Better to go on offense as early as possible, IMO.

Again, not legal advice.

[byrok]

9. Thank you. n/t

[blondeatlast]

10. There needs to be some clearinghouse website for info like this for every state.

Thanks for some great info; there have to be loopholes and wiggle-roominess in every state's laws. I remember from another post you mentioned you have some connection to real estate so I believe you know what of you speak.

If I could, I'd kick and rec this post--really good info.

[Missy Vixen]

11. I'm wondering if it's time to start a group

What do you think? I'm in if others are.

Seriously -- if job losses get much worse in the USA, we're all going to need this information, and hopefully, we have enough posters on DU that work in the industry that they could at least point those who need the help in the right direction to get it, or to help themselves if all else fails.