Posts Tagged ‘Rocket Docket’
The US Constitution, Foreclosures and Lee County’s Rocket Docket- At a Crossroads
Author: Matthew D. Weidner, Esq.
The Constitution of the United States of America protects every American. Black, white, rich, poor, in foreclosure or not. We all need to recognize that long established rules and procedures are the backbone of the protections we are all given in the United States Constitution. If we stand aside and let those protections be trampled because, “this is only foreclosure”, then what’s to stop them the next time there’s any other kind of dispute? This country was a model of freedom and justice, but now it is completely transparent that the banks call the tune…..I’d like to say more, but I’m constrained by the loss of that other right we formally enjoyed, so I’ll leave the critical analysis to a professional who still might be protected by the First Amendment…..
Article from Daily Finance:
Lee County, Fla., has become infamous for speeding foreclosure cases through its courts. The supercharged system — or “rocket docket” — can dispense with a foreclosure case in minutes, sometimes mere seconds. In the interests of speed, the courts have even refused requests for a delay from foreclosing banks that want to get their papers in order, and they’ve exempted banks from rules that apply to others.
Lee+county+starnes+rule+1.440+does+not+apply+in+lee+county+12+2010
Anatomy of Mortgage Fraud- Part III, More on Mortgage Electronic Registration System
Author: Matthew D. Weidner, Esq.
MERS also made it easy to run the foreclosure frauds — banksters could doctor the electronic entries whenever they wanted, and could claim that all paperwork including the notes had been lost. The servicers then hired Burger King robo-signers to manufacture new documents, and handed out notary stamps so they could certify the validity of whatever false information might enable swift passage through “rocket docket” courts. Banksters could take any home they desired — and responded to the opportunity by stealing millions of homes, throwing owners out onto the streets, aided and abetted by a US justice system that was both overwhelmed by the caseload but also underwhelmed by the plight of dispossessed homeowners.
And that’s just the opening paragraph….read the full article below…
Faulty Foreclosures Blamed on Fla. Courts
Author: Matthew D. Weidner, Esq.
Latest Housingwatch.com article on Faulty Foreclosures – read below:
Housingwatch.com | By Josie Gulliksen
“Getting $6 million to clean up faulty foreclosures as quickly as possible is probably the worst thing that could have happened to Florida’s court system. The American Civil Liberties Union of Florida, the First Amendment Foundation and several press entities have joined forces in an effort to put a stop to the rampant “rocket docket” mentality that has arisen after state lawmakers allotted those funds.”
The action against the court system comes on the heels of the announcement that from July 1 to Sept. 30, 65,830 foreclosure cases were cleared (hence the term “rocket docket”).”
Click here to read their entire story…
INVESTIGATION: Questions mount about documents used in foreclosures
Author: Matthew D. Weidner, Esq.
“TAMPA – The Chief Justice of the Florida Supreme Court today ordered judges across the state to stop closing their courtrooms to the public during foreclosure hearings.
The move by Chief Justice Charles Canady is in response to a growing chorus of complaints that banks are sometimes taking short cuts and using questionable documents in foreclosure cases.
It’s called the “Rocket Docket” and it was created by the Florida courts to deal with the deluge of foreclosure cases across the state.
In Pinellas and Pasco Counties alone, the courts say, there are a thousand new cases every month. There’s a back log of 31,000 foreclosure cases and one of them belongs to Ernie Hassell.
Hassell lost his job and now he’s losing his St. Petersburg home.
“To have all that and risk it just going up in vapor is certainly life altering,” Hassell says.
Adding insult to injury, Hassel is one of a growing number of people who are discovering the banks are allegedly re-creating the documents needed to get them out of their homes in some cases.
For instance, Hassell and his attorney believe this “Assignment of Mortgage” was created years after discovering the notary who stamped the document didn’t witness it being signed and she doesn’t know the people who signed it.
“Document Mills across the country are employing officers and agents that purport signing on behalf of corporations that have ceased to exist in many cases before the person signing today,” Hassell’s attorney, Matt Weidner says.”
Find the full story here on ABC Action News…
CNN Money on The Foreclosure Rocket Docket
Author: Matthew D. Weidner, Esq.
An excellent and balanced report from CNN Money. I find several comments in the story most disturbing, but have a look for yourself and see what you think.
Florida’s 30-Second Foreclosure Dash Hits Wall of Fraud Claims
Author: MattWeidner
By David McLaughlin
“Oct. 13 (Bloomberg) — Home to more foreclosures than 47 U.S. states, Florida sought to clear out its backlog with a system of special court hearings that dispensed with cases quickly, sometimes in less than a minute.
Homeowners like Nicole West now threaten to slow that system, Florida’s so-called rocket docket, to a crawl. West, who has been fighting to save her Jensen Beach house from foreclosure, has leveled a new allegation in her three-year battle: the entire process is based on fraud.
Click here to read the full Story on Bloomberg BusinessWeek…
