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xy Foreclosures and ‘rocket dockets’ not a rush to judgment BY JUDITH L. KREGER Ieegerualecurtsorg ‘More than two years ago, ‘NBC's Brian Williams called Florida the “poster child” for the nation’s foreclosure crisis, Amid the worst economic crisis since 1928, hundreds of thousands of Florida properties were the sub- ject of foreclosure cases, The ‘umber of foreclosure flings increased by 396 percent from 2007 to 2010, ‘In Miami-Dade County, the average caseload increased in all divisions. For a civil division judge, the case- Toad quadrupled, ‘with increased filings for all HEME types of cases in a addition to fore- ‘closures. At the same time, bud- get cuts climinated court staff Such as magistrates, ase manag- ers and ‘The result: People had access to their courts to file, ut they. ‘began to experience long delays. ‘Resources that support the erimi- nal-justice system (40 percent of the circuit court caseload) had to remain in place for compliance with speedy-trial rules. The de- erease in staffing had to be ab- Quince said, “We cannot over- state the casl relationship be- twreen the los of supplemental resources and the increase in Porthice yer, the Court had certified the need for ‘cditional judges to handle steadlly increasing caseloads, to no avail overt eae ree the Legislature and Gov. Charlie. Segereece funds requested. Those funds ee senior judges (retired judges who Sree emer, ee See By plugging in these temporary aeeens piel Scar Seon ae iS dommes ourecenmes _— oe Steen that blight Florida communities, ao Sanras Cases are generally not contested, sorbed by the noncriminal 0 they usually require minimal divisions. hearing time. In February, the Florida Su- Florida court rules provide for ‘preme Court performed the an- expedited processing after the ‘ual duty of surveying caseloads owner has been properly not. {nstate courts to ascertain the flied; there are fewer due-process need for additional judges. After - impediments when no one is noting the loss of court support interested in keeping the proper- stall then-Chief Justice Peggy ty. The task force recommended that a chief judge designate a Se foreclosure judgeto dispose of minutes I sid, “Now imagine those cases. The hearings are your frustration if you are a prop- brit because usually only the erty owner faced with losing your luni representativeatends, Rome (wobbly aor mings takofrenicwingalldocumenee SOE Suing with ay tion to determine that all proce- . "These brie hearings teat sam= Pe a ae tet be ‘mon the plaintiff's attorney and ens outofpuble view belorea fhe dareeia tomy Judge signs the final judgment So. reate the opportunity fo he ancbserverofthoschearngs orn remy ie ight not understand that each the proces ofan ee. thse es musts becarf- DE POCR of Yeranined without havinga Esch tet age of Florida's defndantc ently pacated ate eon * +. a ‘these one-time funds in light of cesta contests ie veces neds, valle {ake a different judicial path. The sour cilities, andthe local task force heard owner reports of backlog, By assigning i ors of appropriate cases mass sacs Inability to communtste with ass Soe arama wi Ee ected by eects especially when residential mort- (those that the media call “rocket fxges have been securidzedag” cet) alter paralegals and iro. fesearch atomneys hase sovewed that he lener i no longer 2 oa wthefle, the more-complex eases ‘The task force recommended can be given the time and judicial that judges une “open” orwalk-fesources they require. Speeders focet trum. Now more tha ewes weve where an owner or ocupent importance s Could ry make an arange- examination of every docmnegt tent ‘ovemain inthe property” utaik that must be potent ‘hejudge coldthen deere lawained protaconaliea casein mediation program: quiet sting During the past few months,1 "Those who report on how have presided over open elem: Florida's wal cour areheeaing | dats in Broward County and'mass foreclosure cases should eae’ | calendars in Miami-Dade County that open andmast ances tn Everyday propery owners and.” be alogitimate meas fee unt describe her iicu- ing coan freclonure ceo Ses in reaching human oie chr Oreleure cases th thee to communicate and with consideration to ‘withthe los sarvicne mee | ‘Ones [ied toca one ofthe SMP i aint foreclosure nw fm in. Judith Kreger isa senior | ‘open court, only to be placed on judge assigned to, . | creasing old Ateceanacg lguresates inca Pieter ae er Sn en

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