ARE FORECLOSURE ROCKET DOCKETS EVEN CONSTITUTIONAL?
That’s a very important question that must be analyzed carefully with special attention paid not just to the mechanism by which these courts have been implemented, but also taking into consideration exactly how these courts are working in the real world. By now most of us have sat through enough Foreclosure Rocket Docket proceedings to know just how much the deck feels stacked against the foreclosure defendant and frankly against any sense of fairness or consideration of the more significant issues in foreclosure…..important issues like…
DOES THIS PLAINTIFF EVEN HAVE THE RIGHT TO FORECLOSE?
HAS THE PLAINTIFF LAW FIRM COMMITTED FRAUD?
DO THE AFFIDAVITS AND ASSIGNMENTS SHOW OBVIOUS SIGNS OF FRAUD?
Such pesky details are largely ignored in the context of the Rocket Docket proceedings where the real emphasis is placed on churning through this docket as quickly as possible. (Nevermind that the Plaintiff’s themselves have announced they wish to suspend the proceedings. Nevermind that many of these Defendants either have no notice of the proceedings or are in a formal repayment plan.)
Earlier I reported on the Rocket Docket judge that asked, “So what’s this TARP I’m hearing about?” Just today, a defendant called to tell me about the totally disrespectfully and entirely impermissible treatment she received in a 9:00 a.m. Rocket Docket hearing where the judge advised her, “You’re going to lose your home and there is nothing you can do about it.”
This just cannot continue.
Well, one tough fighter decided that he would stick his neck out there and try to do something about it. I get a lot of calls from clients seeking representation in North Florida and encourage you all to contact Daniel W. Uhlfelder <daniel@dwulaw.com> for representation. For all you reporters and folks at bigger thinking folks out there, read his memo. As I know you folks know, we need your help down here….Dan’s Memo provides a framework.
But most importantly, read the transcript of the proceeding….
