Although the random use of terms like robo-jusges and rocket-dockets by the media has generated wrong ideas about the handling of foreclosure cases in Florida courts, in reality the judges have played out their proper role during the foreclosure mayhem. Some of the representations, in particular the media at the national level, have been covertly disrespectful towards the judiciary – the judges, the staff, the clerks as well as the legislators. But all are doing their utmost to resolve the serious problem.

Over and above some of the publications and editorials commenting on the summary judgment hearings are have a tendency to indicate that the courts are attempting to cover up the foreclosure cases from public eyes. But all this is far from the truth.

By rocket-docket is not meant a summary judgment. The latter refers to Rule of Civil Procedure that is applicable to all civil cases and is a long standing one. The function of this judgment is to promptly resolve the cases where there is no serious material; the plaintiff can rightfully ask for a speedy judgment under such circumstances.

But prior to the summary judgment the defendant has to be notified of the suit and allowed a chance to respond. The defendant can avail of information from the plaintiff and in other ways prepare for the case. This hearing is generally held after the passage of months and sometimes years from the date of the filing of the suit.

When a foreclosure notification is served to the house owner, information is also given about the mediation schedules, availability of legal help and other housing counseling. The house owners are also reminded of their duty to respond and reminded that if they fail to do so then a judgment would be passed.

The hearings relating to summary judgment in foreclosure cases is not different from the procedure followed in other civil suits; it is an extremely efficient method to make use of the court time and not waste it. In majority of the instances the borrower facing foreclosure fails to appear. If the borrower or his or her legal representative does appear they are given the full opportunity to participate in the hearing. In a summary hearing the judge’s role is limited on grounds of impartiality.

Original Post The Judges of Florida State have Played Out their Proper Role During the Foreclosure Mayhem on ForeclosureRepos.com.