Florida’s Emerging “Rocket Docket”

When Florida’s Governor Rick Scott signed House Bill 87 (“the foreclosure Rocket Docket bill”) he did not realize he was potentially giving foreclosure defense attorneys more weapons in their arsenal to delay foreclosures.  “The foreclosure Rocket Docket bill” was passed into law to deal with Florida’s prolonged and troublesome foreclosure process. It was aimed to streamline the foreclosure process by enacting reforms
at the legislative level to kick-start foreclosures and expedite the process in a state that was arguably most effected by the foreclosure crisis.  But while the bill has created procedural demands that challenge attorneys on both sides of a foreclosure, the bill itself could ultimately fail in its attempt to expedite foreclosures in Florida.

Along with the many procedural changes, the bill built in a series of potential constitutional violations that a foreclosure defense attorney could easily utilize as a tool to aid homeowners when challenging a foreclosure.  For instance, allowing retired judges to continue to serve within the rocket docket system is also an issue the bill creates.  Allowing retired senior judges to continue to serve in their roles also is a constitutional question, it allows the judges to continue to serve while not facing either re-election or re-appointment as the Florida constitution requires.

Ray Garcia, Esq.

Board Certified in Real Estate Law

by the Florida Bar

www.raygarcialaw.com