Forget about the new foreclosure legislation (which we are appealing and which will be thrown out)…the biggest story by far that’s hitting foreclosure cases in Florida is a just-released opinion by the Florida Supreme Court that will have Foreclosure cases heard not by judges…not even senior judges….but by magistrates……
But it gets even more insane….the magistrates appointed….
CANNOT PRACTICE IN THE AREA OF FORECLOSURE LAW.
So now we’re going to have non-judges presiding over foreclosure cases……THAT’S INSANE!
From the release:
We have for consideration an emergency petition proposing amendments to Florida Rule of Civil Procedure 1.490 (Magistrates) filed by the Trial Court Budget Commission (Commission).
The amendments, which we adopt as proposed, are intended to help alleviate the
residential mortgage foreclosure case backlog Florida courts are currently facing.
The rule amendments were recommended by the Commission’s Foreclosure
Initiative Workgroup (Workgroup) and approved by the Commission as part of an
overall plan developed to address the significant number of mortgage foreclosure
cases pending in Florida’s trial courts and expected to be filed in the next few years.
Finally, we amend subdivision (d) (General Powers and Duties), as proposed, to prohibit magistrates appointed under the rule from practicing law of the same case type in the court in the county or circuit where the magistrate is appointed to serve.
