Rocket Docket Judge

Another run at clearing Palm Beach County foreclosures is underway

Another attempt to hasten Palm Beach County’s foreclosure process is underway as previous efforts to streamline the system and the approval of last year’s controversial fast-track foreclosure law have shown limited progress.

Palm Beach County Chief Judge Jeffrey Colbath issued an administrative order in March requiring attorneys who file certain motions in foreclosure cases to set a hearing date within five days or face judicial rebuke. It’s a command he hopes will push banks and homeowners to a quicker resolution — something he said neither side appears to want.

But it’s raised the ire of some foreclosure defense attorneys who believe the order gives judges the power to set cases for trial when they aren’t ready and should require approval from the Florida Supreme Court.

“This shifts the burden to move the case forward to the defendant,” said Royal Palm Beach-based foreclosure defense attorney Tom Ice, who has asked the Florida Supreme Court to weigh in on the rule. “The judicial system is not supposed to be about just clearing the court’s docket.”

About 17,455 foreclosures were pending in Palm Beach County’s courts as of the end of February. That’s down from a high of 55,000 four years earlier. Statewide, about 229,340 cases were still pending in February, down from 377,700.

Rest from The Palm Beach Post here…
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Copy of the administrative order and initial brief to the Supreme Court below…

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4closureFraud.org

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Administrative Order

Initial Brief