Supreme Court Orders Magistrates Be Used in Florida Foreclosure Cases to Clear the Backlog

Supreme Court

Supreme Court orders magistrates be used in Florida foreclosure cases

The Florida Supreme Court issued an order today requiring the state’s circuit courts to hire magistrates to hear foreclosure cases in an effort to clear a docket-clogging backlog of hundreds of thousands of files.

The order was in response to recommendations made by the Foreclosure Initiative Workgroup, a committee of judges and court administrators that formed in January.

Magistrates are common in family court, but are rarely used in foreclosure actions. Typically, they will make recommendations on how to rule on a case, which is then signed off on by a judge.

According to the ruling, foreclosure court magistrates will be appointed by chief judges, must be members of the Florida Bar and cannot practice law of the “same case type” in the county or court where the magistrate serves.

Some foreclosure defense attorneys criticized the move, questioning whether the magistrates will have enough substantive knowledge of the law to handle foreclosure cases and how they will be held accountable since they are not elected as traditional judges are.

More here…

Copy of the Supreme Court Order below…

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4closureFraud.org

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IN RE: AMENDMENTS TO FLORIDA RULE OF CIVIL PROCEDURE

Comments
5 Responses to “Supreme Court Orders Magistrates Be Used in Florida Foreclosure Cases to Clear the Backlog”
  1. BOBBI SWANN says:

    I aagree Incognito123. We should object. It’s the re-install of the robo docket again and using Magistrates who have no knowledge of the foreclosure laws, rule of law or procedures! Outrage! Do you have an idea of HOW we can object…file complaint? Tell me and I will do it! We’re already known as the ‘lawless’ state of the union….presumably so, esp. with this latest from the Supreme Court!

  2. J. Alonzo says:

    I dont know if this bad news or not. This will also take away the ball from these corrupt judges who dont follow the rule of law and let the banks do what they want. Some of these magistrates just may be fair and work against the machine. Still our system is soooo! Corrupt!!

  3. triumphant says:

    So THIS is the action that the Supreme Court of Florida has taken with regard to foreclosures after declaring the following in the Pino decision:

    “While affirming the decision of the Fourth District, we also understand the concerns of those who discuss the multiple abuses that can occur from fraudulent pleadings being filed with the trial courts in this state. While rule 1.420(a)(1) has well served the litigants and courts of this state, we request the Civil Procedure Rules Committee review this concern and make a recommendation to this Court regarding whether (a) explicit sanction authority should be provided to a trial court pursuant to rule 1.110(b), even after a case is voluntarily dismissed, (b) rule 1.420(a)(1) should be amended to expressly allow the trial court to retain jurisdiction to rule on any pending sanction motions that seek monetary sanctions for abuses committed by either party during the litigation process, or to allow the trial court explicit authority to include attorney’s fees in any award to a party when the dismissed action is reinstated, or (c) to adopt a rule similar to Federal Rule 11 to provide explicit authority for the trial court to impose sanctions.”

  4. Rebecca says:

    I can’t comprehend this nor have I received any compensation on my ownwrongful foreclosure3/29/2011
    I’m tired drained just don’t see justice served
    Not sure if it will ever be today
    America what a place.
    They contacted me justice was to of been served only lies just lies
    Stay homeless no matter what

  5. Incognito123 says:

    I DON’T THINK SO, BY RULE, WE CAN (AND SHOULD) OBJECT TO MAGISTRATES!!!

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