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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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.
@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?
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.
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.
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?
So much for freedom.
This is OUTRAGEOUS! Plain and simple!
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.