With a court system swamped by foreclosure cases, the Florida courts took the unusual step of creating a "rocket docket," designed to move through the foreclosure case backlog. In five counties, Charlotte, Collier, Glades, Hendry and Lee, rocket docket systems were set up that were designed to have foreclosure cases last no more than a year between initial filing and final disposition.

Recently, the validity of the rocket docket systems were challenged by the American Civil Liberties Union. The ACLU argued on behalf of a Florida homeowner that the rocket docket system ignored state-mandated rules and gave each case only a few minutes before the judge. The homeowner is denied a chance to have their say in court under the rocket docket.

The request for removal from the rocket docket put the courts in the position of deciding whether their own practices were valid and proper. It came as no surprise to some observers, then, when the courts denied the request and found that the rocket docket was a valid and appropriate response to the foreclosure backlog and the overall housing crisis.

Chief Judge Keith Cary said that denying homeowners their say in court was acceptable, because when they were delinquent on mortgage payments to the point where they were in foreclosure, then the only issue before the court is the amount of judgment. Many Fort Lauderdale foreclosure defense lawyers might disagree with this conclusion, but as far as the courts are concerned, rocket dockets are valid in Florida.

In any case, funding for rocket docket systems runs out today, and so far has not been renewed. The idea was that rocket docket systems would be temporary. With the courts still addressing a huge backlog, rocket dockets could well be revived in the near future with new funding.

Source: Housing Wire "Florida court upholds foreclosure 'rocket docket' system" 6/27/2011