Why Are Rocket Dockets No Longer Used In Foreclosure Cases?
August 6, 2018
A rocket docket is a court or tribunal noted for its speedy disposition of a particular type of court case. They were originally created to unclog the court system due to the many foreclosure cases arising after the economic downturn. However, over the years, individuals may have noticed the term “rocket docket” used less frequently. Why the disappearance of this type of court?
The Collapse of the Florida Housing Market
First, a mortgage foreclosure primer. The foreclosure process begins when a homeowner defaults on the payment of their mortgage and promissory note. The bank then institutes legal proceedings to take legal title of the home subject to the foreclosure. During the financial crisis of 2007-2008, the Florida housing market collapsed and thousands of homeowners were at risk of losing their homes. How bad was the problem? One particular court in Lee County was hearing up to 1,000 foreclosure cases a day.
How can a court hear 1,000 cases a day? It’s possible… if less than 30 seconds is given to each case. Consequently, in these “rocket docket” courts, a judge would typically only have time to ask whether the homeowner was behind on payments and if they are still in the house. The real question, though, was whether these “rocket dockets” actually provided due process for homeowners.
Often, it was said that the rocket dockets favored the banks due to their abbreviated evidence and witness testimony procedures. Accordingly, these “rocket dockets” have been removed and replaced with a more streamlined foreclosure court process that allows the cases to move at a steady pace, while also allowing for the introduction of relevant evidence, as necessary.
Speak to The Ticktin Law Group for Mortgage Foreclosure Defense
We are the lawyers who unearthed the fraudulent activity the banks were perpetrating, coined as the “Robo-Signer” scandal. Our firm offers complimentary consultations and our attorneys are here to help you. If you or someone you know is facing foreclosure, contact the attorneys of the Ticktin Law Group today. Call (561) 232-2222 or contact us here.