FLORIDA COURTS OUT OF CONTROL: SUMMARY JUDGMENT ENTERED IN MIAMI-DADE COUNTY WITHOUT A HEARING; “HALLWAY HEARINGS” IN BROWARD COUNTY; AND “MAGISTRATE REFERENCES” WITHOUT CONSENT IN LEE COUNTY; DUE PROCESS BEING THROWN OUT THE WINDOW

Certain circuit courts in Florida are overreacting and improperly reacting to the flood of foreclosure lawsuits filed by the foreclosure mills, and are enacting local court procedures which violate due process, ignore the Florida Rules of Civil Procedure, and are resulting in more improper foreclosures in favor of “lenders”, servicers, and securitized trustee banks. Although the Supreme Court of Florida has endeavored to protect borrowers’ rights through, for example, the requirement that foreclosure complaints be verified, certain of the circuit courts are jettisoning borrowers’ rights with local court procedures which can only be described as abominations and a vicious attack on borrowers.

Miami-Dade County enacted a new procedure for foreclosures in April/May of this year which it calls the “Foreclosure Master Calendar”, whereby Motions for Summary Judgment in residential foreclosure cases and emergency motions to cancel foreclosure sales are no longer being heard by Division Judges and are relegated to the “Master Calendar”. For summary judgment motions, a Plaintiff foreclosing party submits a “summary judgment packet” to the Master Calendar, which is supposed to schedule a hearing and provide notice to counsel. However, in at least one case, the summary judgment was entered with no hearing and no notice to the borrower’s counsel, and the summary judgment motion itself was received by the borrower’s counsel on the same day that the court entered summary judgment. This procedure flies in the face of recent Florida case law which provides that any final order entered without notice is void and subject to being vacated. As such, the Miami-Dade Circuit Court has probably served to further clog its dockets with a deluge of Motions likely be filed by those who never received notice from the “Master Calendar” of a summary judgment motion.

In Broward County, foreclosure hearings are now being conducted in hallways.

In Lee County, Circuit Judges are setting “docket soundings” where a summary judgment motion can be heard, and automatically referring these “docket soundings” to a Magistrate without the consent of the parties. As the Florida Rules of Civil Procedure require that magistrate jurisdiction can only be made if consented to by all parties, the Lee County Courts have thus chosen to ignore the Florida Rules of Civil Procedure, or are hoping that the majority of homeowners are not aware of the constraints on magistrate jurisdiction so that more foreclosures can be railroaded through the system.

These procedures were obviously reactionary; were not well-thought out; and will result in those courts becoming more bogged down as more and more borrowers file motions to advise those courts that they are violating the law. These jurisdictions and others similarly inclined should, for their own benefit, review the mandatory pre-foreclosure proceedings of the 19th Judicial Circuit in Florida (which have been in place for approximately two years), which procedures insure everyone’s rights, diminish discovery disputes in any foreclosure litigation, and streamline foreclosure cases by, for example, requiring the foreclosing party to produce certain documents prior to filing a Complaint for foreclosure.

Jeff Barnes, Esq.

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4closureFraud.org

Comments
17 Responses to “FLORIDA COURTS OUT OF CONTROL: SUMMARY JUDGMENT ENTERED IN MIAMI-DADE COUNTY WITHOUT A HEARING; “HALLWAY HEARINGS” IN BROWARD COUNTY; AND “MAGISTRATE REFERENCES” WITHOUT CONSENT IN LEE COUNTY; DUE PROCESS BEING THROWN OUT THE WINDOW”
  1. Ron Moss says:

    Aw what the hell, You can tell by lookin hes guilty, File it I’m the boss around here. This is mu court.

  2. housemanrob says:

    You know we can kick around at the law, the judges, the bankster lawyers and the court injustices. but at the same time I am terribly shocked at what I see occuring in my neighborhood right now. very attractive palm beach county area. three riverfront homes appraised at 2.2 million, 2.3 million and 3.2 million dollar in 2006,directly across the street from my home, all built since 2001 are appraised now under a million apiece. My home was apraised in 2006 at 650,000 when we refinanced half out. Now the appraisal is 450,000 but in reality not 200,000 could I sell it for now. MY god, i have done many hours of research and i am saying that home values maybe now 20 to 25 per cent of 2006 values. Our leaders need to wake up NOW….. or south florida will shortly become a giant ghost town. I suspect it is also a grim picture elsewhere, maybe everywhere.

    • Maria says:

      It is very interesting: how much costs my house now (recently I found it costs $100.00 – after fire! No any improvement done whatsoever: just painted to cover my smocky house. House has no termites because they already eat what possible and died from hunger. I paid for this junk $55K (mortgage). I Paid already about $30K. I have no DEBT, I’m ROBBED. They defrauded me, now they defrauded themselves). Two banks: WELLS FARGO and BANK OF AMERICA foreclosure on my ‘PALACE’, they hired TWO Law Firms, last Counsel is traveling from Miami (second year!), of course, he has FEES (in amount, probably. dozens times more than my house costs!). There is no standing for WFB (it is not ‘my’ bank) and for BOA, because they committed fraud with appraisal, insurance and much-much more. See Case no: 03:08-cv-827-J-20-JRK (Fed. Court in Jacksonville). Case DISMISSED without any hearing, I even never saw the judge… .

  3. Ron says:

    The way to fight back is in two directions. All Writs to Florida’s Supreme Court directly or in Federal Court seeking immediate injunctive relief.

    • Maria says:

      Yes, it is good idea, but Fla. Supreme Court do not accept pending Cases (it can pending for 5-11 years! according with this website. About Federal Court see my comment above…

  4. Lisa says, “The truth will out and it will be ugly then as it is now. How many millions more will be homeless when that time rolls around?”

    Right there is the whole point – the “homeless.” Our authorities obviously do not care. Fire them all!

    And here is the nightmare. Lisa also comments, “When the chickens (fraudulent land records) come home to roost, there will be such a shock and awe in any industry dependent on valid land transfers.”

    Can you imagine the confusion that is going to erupt? This corruption will create a title dispute nightmare that is going to be be deep and long. Talk about “clouds’ on a title!

    What is coming are a series of storm clouds so dark they will be the financial equivalent of a series of Katrina hurricanes chocking us like a string of black peals around our necks.

    Put your crash helmets on.

  5. We are witnessing a total breakdown in the fundamental foundations of our judiciary. There is no separation of powers. There is no due process. There is no equal protection under the law. There is tacit acceptance bank lawyers propounding fraud upon the court as a way to win the case. There is a presumption of defendant’s guilt based on the uttered words on the party bringing the action.

    When the chickens (fraudulent land records) come home to roost, there will be such a shock and awe in any industry dependent on valid land transfers. The truth will out and it will be ugly then as it is now. How many millions more will be homeless when that time rolls around?

    Lisa
    ForeclosureHamlet.org

    • Maria says:

      THEORETICALLY, JUSTICE is beautiful, in PRACTICE – it is PAIN IN JUDGE’S ASS, because the knowledge of LAW does not set them free from TEMPTATION…

  6. Maria says:

    In which Court to sue judges (extrinsic fraud): STATE (same Court they “working” in) or FEDERAL?

  7. Florida Judges have been “told.” They are obeying their masters, the banks, who have the “big money grip” and the political clout to openly commit such a crime with such impunity. “Justice!” – my a**!

    What is it that the banks are so afraid of, that they must force fraud and theft through the courts, just to clear the enormous backlog of foreclosures?

    I can only guess that the two year redemption period prior to a tax deed sale in Florida might be heavy on their minds. There is going to be a lot of tax deed investors getting lucky very soon.

  8. Michael says:

    Meg – Magistrates are governed by Fl. Rules of Civil Procedure 1.490; they’re perfectly legal as long as instructions are followed.

    First there needs to be a referral to a magistrate. If either party objects the case goes to a judge. Next the magistrate holds a hearing and writes a report. Either party can object then the judge has to review the report; essentially holding another hearing.

    Magistrates are typically used in places like family court, or complex business litigation, when there’s a lot of information to review. They’re legal as long as the rules are followed. Of course, this being Florida (read: Fraudia) the rules aren’t followed.

  9. MEG says:

    Does the not apply ?

    U.S. magistrates are judicial officers appointed by the judges of federal district courts pursuant to the United States Magistrates Act (28 U.S.C.A. §§ 631 et seq.), enacted in 1968. This act was designed to reduce the workload of federal courts by replacing the old system of U.S. commissioners with a new system of U.S. magistrates. U.S. magistrates can perform more judicial functions than could U.S. commissioners. Federal magistrates may be assigned some, but not all, of the duties of a federal judge. They may serve as special masters (persons appointed by the court to carry out a particular judicial function on behalf of the court), supervise pretrial or discovery proceedings, and provide preliminary consideration of petitions for post conviction relief. U.S. magistrates generally may not decide motions to dismiss or motions for summary judgment, because these motions involve ultimate decision making, a responsibility and duty of the federal courts. However, if all the parties to a case agree, a federal magistrate may decide such motions and may even conduct a civil or misdemeanor criminal trial. Federal magistrates are not permitted to preside over felony trials or over jury selection in felony cases.

  10. housemanrob says:

    If you chop off the head the beast dies. We need to find the specific demons behind this insidious cancer. Who would have thought our once great country would be brought to its knees by a financial coup de tat.

  11. Michael says:

    Oh judges…

    Remember Fed. Stat. 1983?

    It’s still on the books, and due process is one of the core rights covered.

    I’d suggest knocking it out while you’re ahead but you’ve probably already accrued enough liability to bankrupt the state.

    Those of you who don’t stand for reelection for 4-6 years so aren’t worried should keep in mind .. that’s just about the time those judgments will start to sting.

    • yvonne says:

      I detect a spirit of intimidation and fear tactic towards the homeowners…lawlessness sure abounds in these last days just like the Bibile says…it also says they will call right wrong and wrong right…signs of the times are everywhere…

      Som where do homeowners go from here? Those attorneys defending them sure need to be on top of things and fight a good fight for their clients as they themselves are homeowners….

      How can this happen, though? Who ordered all this and it seems as if these judges dont know the law or respect the law…after all..they have nothing to loose since they are mostly retired judges or soon to be…

      It seems as if they are doing first then apologise after…know that strategy?

      • Ron says:

        You sue under a constitutional issue both procedural due process and fundemtal related to notice. This you do in Federal Court seeking a mandatory injuction to force the Florida Court’s to act the way the Constitution requires. Also, by all writs directly to Florida’s Supreme Court as the supervisor of Florida’s Courts. You cannot sue a judge directly because of judicial immunity.

    • Maria says:

      Re-election… Did you see ‘normal’ candidates? TV shows to us all negative characteristic… Atty. Gen. says, for example, I’m good – choose me, Scott stolen $300,000,000.00 from healthcare program!!! Excuse me! If you AG know this fact, why is Mr. Scott not in prison yet????!!!!

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