Is The Lee County Rocket Docket Over?
The previous ‘rocket docket’ is said to be over in Lee County, Florida.
What is this Rocket Docket?
Over the past couple of years the civil courts of Lee County have been handling foreclosure files quickly or also known as the ‘rocket docket’. The idea was to process files quickly as to not clog up the judicial system. The state supplemented the local court system with funds to allow them to hire additional staff for case management and to hear foreclosure cases. One possible problem that came along with this was cases being foreclosed on unjustly or without due process. Even lenders (plaintiffs) complained as well stating that they could not stop foreclosure cases being pushed through via the court systems. Many defendants and organizations have complained about these actions and additional suits have been filed because of this. One such complaint was made by the ACLU (American Civil Liberties Union) stating that the Lee County Rocket Docket does not allow for defendants to be granted the due process they deserve. To top that, the money that had been provided by the state is said to have run out.
What is happening to the Lee County Foreclosure Cases now?
Foreclosure cases that are ‘sitting’ at the courts have been placed back into ‘case management’ for the most part. Cases that are considered ‘sitting’ are cases where neither the defendant (the home owner) or the plaintiff (the lender) have filed anything recently. Some options* that a defendant has are: Motions to Dismiss, compel, produce or mediate. Some options* that the plaintiff has are: Motion to set for hearing, trial and/or summary judgement. If neither party has taken action the court is now discontinuing with their docket soundings and moving everything out into what is called ‘case management’. Once back in case management nothing really happens with the case until one or the other party files something new.
Can this help you in your situation?
Perhaps. If you need more time to figure out the best option for you this could be really good news.