Rocket Dockets to Start in Indian River County, Martin County, Saint Lucie County Beginning August 2010

Florida, check your circuit websites. It looks like more and more counties are adopting the “rocket docket” since they received the new allocated money…

Now, I do understand that these dockets need to be cleared, and this may be the only way to process the UNCONTESTED cases, but using this method where the borrowers are represented by an attorney and can show there are issues of materiel fact, which they ALWAYS can, this process in my opinion is a violation of their constitutional rights…

THE MILLS ARE RAMPING UP FAST AND MOVING THESE CASES THROUGH MUCH FASTER…

YOU HAVE 20 DAYS TO ANSWER THE COMPLAINT, IF YOU DO NOT YOU WILL BE DEFAULTED ON THE 23RD DAY…

A SUMMARY JUDGMENT HEARING WILL BE HELD SHORTLY THEREAFTER AND YOU WILL BE OUT OF YOUR HOME…

WE ARE SEEING THE FORECLOSURES OF UNCONTESTED UNREPRESENTED CASES GETTING PUSHED THROUGH IN A MATTER OF MONTHS…

YOU CAN NOT DO THIS WITHOUT AN ATTORNEY ANYMORE…

YOU NEED TO HIRE COUNSEL IMMEDIATELY…

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Residential Foreclosure Procedures for Indian River County, Martin County, Saint Lucie County Beginning August 2010

The 19th Judicial Circuit along with all other judicial circuits in the State of Florida  has  been  allotted  resources  to  address  and  reduce  the  backlog  of  residential mortgage  foreclosure  cases.    This  Circuit  will  be  utilizing  Senior  Judges,  case  managers and support staff to reduce the backlog of cases as follows:

Indian River County: Beginning the week of August 2, 2010, a Senior Judge will  hear  a  full  day  of  only  summary  judgments  on  residential mortgage  foreclosure cases on Fridays beginning at 9:00 am.    Judge Kanarek will continue  to hear all other  matters  foreclosure  cases,  and  will  assist  the  Senior Judge  by  also conducting hearings on summary judgments.  All summary judgments hearings  in which counsel for the plaintiff wishes to appear by phone should be scheduled by contacting CourtCall at 888-882-6878.   CourtCall will set 12 cases every ½ hour starting at 9:00 am, and the  last 15 cases of  the morning will be set at 11:30 am.  In the afternoon, hearings will start at 1:30 pm, and the last 12 will be set at 3:30 pm.  Refer  to Judge Kanarek’s webpage at www.circuit19.org for  information on scheduling all hearings except hearings  for  summary  judgment.  Judge Kanarek’s Summary  Judgment  hearings  will  continue  to  be  scheduled  via  CourtCall  if Plaintiff’s counsel wishes to appear at the hearing telephonically. Cases in which plaintiff’s counsel wishes to schedule a plaintiff’s motion for hearing and appear in person  may  be  scheduled  by  contacting  Judge  Kanarek’s  office,  and  once scheduled  through  Judge Kanarek’s  office,  plaintiff’s  counsel may  not  appear  by phone at the hearing.

Martin County: Beginning the week of August 2, 2010, a Senior Judge will hear a  full day of only  summary  judgments on  residential mortgage  foreclosure cases on Thursdays beginning at 9:00 am.  Judge Metzger will continue to hear all other matters  foreclosure  cases,  and  will  assist  the  Senior  Judge  by  also  conducting hearings  on  summary  judgments.    All  summary  judgments  hearings  in  which counsel  for  the  plaintiff  wishes  to  appear  by  phone  should  be  scheduled  by contacting CourtCall at 888-882-6878.   CourtCall will set 12 cases every ½ hour starting at 9:00 am, and the  last 15 cases of  the morning will be set at 11:30 am.  In the afternoon, hearings will start at 1:30 pm, and the last 12 will be set at 3:30 pm.  Refer  to Judge Metzger’s webpage at www.circuit19.org for  information on scheduling all hearings except hearings for summary judgment.  Judge Metzger’s Summary  Judgment  hearings  will  continue  to  be  scheduled  via  CourtCall  if Plaintiff’s counsel wishes to appear at the hearing telephonically. Cases in which plaintiff’s counsel wishes to schedule a plaintiff’s motion for hearing and appear in person  may  be  scheduled  by  contacting  Judge  Metzger’s  office,  and  once scheduled  through  Judge Metzger’s  office,  plaintiff’s  counsel may  not  appear  by phone at the hearing.

Saint  Lucie  County  (Saint  Lucie  West  Courthouse  Annex): Beginning  the week  of  August  2,  2010,  a  Senior  Judge  will  hear  all  matters  concerning residential mortgage foreclosure cases on Mondays, Tuesdays, and Wednesday at the Saint Lucie West Courthouse Annex (and not the main courthouse) as follows:

SUMMARY  JUDGMENT  HEARINGS (Plaintiff’s  Counsel  Attends  By Phone):   Full day of hearings on Mondays and Tuesdays beginning at 9:30 am.    All  such  hearings will  be  scheduled  through  CourtCall  at  888-882-6878.  CourtCall will set 12 cases every ½ hour starting at 9:30 am, and the last  12  cases  of  the morning will  be  set  at  11:30  am.    In  the  afternoon, hearings will start at 1:30 pm, and the last 12 will be set at 3:30 pm.

SUMMARY  JUDGMENT  HEARINGS (Plaintiff’s  Counsel  Appears  In Person):  Hearings in which Plaintiff’s counsel will attend in person will be heard Monday  through Wednesday from 9:00 am  to 9:30 am.   Contact  the Senior Judge’s secretary to schedule such a hearing: 772-871-7206.

SHORT  HEARING/UNIFORM  MOTION  CALENDARS (Hearings Needing  No  More  Than  5  Minutes  Per  Side):    Short  Hearing/Uniform Motion  Calendars  will  be  conducted  on  Monday,  Tuesdays,  and Wednesdays  from  8:30  am  to  9:00  am.    The  hearing  date  must  be coordinated with opposing counsel.  A copy of the motion should be sent to Senior Judge, 250 NW Country Club Dr., Ste. 217, Port St. Lucie, FL 34986  no  later  than  5  days  prior  to  the  scheduled  hearing,  and  the notice  of hearing must be  served  on  opposing  counsel 5 days prior  to the  scheduled  hearing.   No  evidentiary hearings  or  summary  judgment hearings  shall  be  set  on  Short  Hearing/Uniform  Motion  Calendars.  Attorneys  may  attend  by  CourtCall  if  arrangements  are  made  through CourtCall at least 2 days prior to the scheduled hearing.

EMERGENCY  MOTIONS  TO  CANCEL  FORECLOSURE  SALE  OR POSTPONE  WRIT  OF  POSSESSION: Emergency  Motions  to  Cancel Foreclosure  Sales  or  Postpone Writs  of  Possession will  be  conducted  on Monday, Tuesdays, and Wednesdays from 8:30 am to 9:00 am.  The motion must  be  filed  with  the  Clerk  of  Court  no  later  than  2  days  prior  to  the scheduled sale date or date the Sheriff is to deliver the property under a writ of possession, and the notice of hearing must be served on opposing counsel by facsimile no later than 2 days prior to the scheduled hearing.  Attorneys may  attend  by  CourtCall  if  arrangements  are made  through  CourtCall  at least 2 days prior to the scheduled hearing.

HEARINGS  REQUIRING  MORE  THAN  10  MINUTES: Motions requiring  a  hearing  of more  than  10 minutes will  be  set  on Wednesdays from 9:30 am to Noon.  Contact the Senior Judge’s secretary to schedule a hearing on your motion requiring 10 minutes or more at: 772-871-7206.

NOTICES FOR TRIAL: All notices that the case is at issue and ready to be set  for  trial  shall be sent  to Senior  Judge, 250 NW Country Club Dr., Ste. 217, Port St. Lucie, FL 34986.

NOTE: All residential mortgage foreclosure summary judgment packets for Indian River County, Martin County and Saint Lucie County cases must be sent to: Senior Judge, 250 NW Country Club Dr., Ste. 217, Port St. Lucie, FL 34986, no later than 10 days prior to the scheduled hearing.  If packets are  not  received  at  least  10  days  in  advance  of  the  hearing,  then  this will result in cancellation of the hearing.

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4closurefraud.org

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Residential Foreclosure Procedures for Indian River County, Martin County, Saint Lucie County Beginning August 2010

Comments
8 Responses to “Rocket Dockets to Start in Indian River County, Martin County, Saint Lucie County Beginning August 2010”
  1. Richard F. Kessler says:

    Please feel free to use the Rocket Docket Annhiliator which I created for the 12th Circuit., It is available on the internet. I will also forward if you email me at richardfkessler@verizon.net. It is free, contains complete forms and instructions and will move the proceeding to a contested case docket.

  2. divemedic says:

    @Ben: An even more important question: Does a bank have the right to take a home without having to prove that they are the owner of the note and mortgage, or is it enough for a bank to show that the homeowner isn’t paying?
    At what point does the bank have to prove that 1) they are the rightful holder of the note, 2) they also legally hold the mortgage, 3) that the homeowner is not making payments, and 4) that the bank has and is complying with Federal lending laws pertaining to foreclosure?

    • Ben says:

      To answer your questions about the banks right to seize a property without proof, the answer is unequivically no. But, for the same reason, a person does not have the right to hold property that is not theirs (just because they signed an IOU does not mean that something is theirs). I agree with all of your requirements for a legal action to seize, but my question was more the belief that someone is entitled to hold a property (not the reverse). I belive the banks behaved poorly, but if you look at the contracts, people willingly signed mortgages that state that the bank can sell off the note — it is a procedural matter after that to prove who bought it and who then has the right to seize. I would argue that the note signer has just as little right to hold as the banks to seize. My follow-up question is this: do you believe that if the original bank had the note in hand, they could seize the property? Assume they went through the federal process.

      • divemedic says:

        Yes, but there are not very many banks who have done that, and damned few who were innocent victims. One other problem here is that the banks entered many of these contracts fraudulently. Under Glass-Steagall, banks were not incentivized to make good loans, but made money whether or not the loans were going to be paid back, so they made loans. Lots of them. They loaned to people that they knew didn’t have a prayer of paying it back, using appraisers who were paid to over appraise property, then sold them to bundlers before the first payment was due, so they could use the money to make another loan to someone who couldn’t pay.

        The bundlers converted the loans into securities and rated as AAA by corrupt ratings companies, and sold this risky paper to unsuspecting victims (like my company’s 401K) who are now left holding the bag while the bankers collect millions in bonuses that are being funded by my tax dollars.

        The banks are NOT innocent victims here.

  3. Ben says:

    I grew up in St Lucie county and plan to move back there soon. Can someone explain to me the reasoning behind the assertion that the mortgage taker (note I do not say homeowner) has the right to keep something that they are not paying for? I am not espousing that the rocket docket is the correct path, but at what point should someone take responsibility for their debt?

  4. dormanmom says:

    So much for freedom.

  5. Capt. Jack says:

    This is OUTRAGEOUS! Plain and simple!

  6. Please be advised that Documentary Clearing House is about to release a set of legal forms and instruction to enable an attorney to bring the rocket docket proceeding to a grinding halt. Known as the Rocket Docket Annihilator, the materials will be -posted at documentaryclearinghouse.com . The materials may be downloaded for free and are being made available pro bono publico. Any person may obtain the materials. However, these documents are intended for the use of an attorney. DCH recommends that any person who downloads these materials bring them to an attorney and arrange to be represented by counsel. DCH does not recommend but cannot prevent use of these documents for a pro se appearance.

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