The ACLU is asking the Florida Second District Court of Appeals to stop the Twentieth Judicial Circuit Court in Lee County from using a mass foreclosure docket to process foreclosures. The ACLU filed a complaint in the appellate court last week on behalf of a Florida woman who is fighting foreclosure.
The rocket docket method was developed to push foreclosure cases through the courts as quickly as possible as the courts faced an unprecedented number of foreclosures with the economic downturn and housing market crash.
According to an article in Housing Wire by Kerri Panchuk, the ACLU claims that the rocket docket process favors plaintiffs and does not grant the homeowner the due process rights that are stipulated in the Florida and U.S. Constitutions.
The ACLU argues that the mass foreclosure docket and quick processing violates procedures laid out by Florida law, the Florida Rules of Civil Procedure and the Supreme Court of Florida.
The ACLU claims that the rocket dockets push cases toward summary judgment, which they say favors the plaintiffs. The ACLU says the rocket dockets also favor plaintiffs because foreclosure attorneys had a part in developing the system.
According to Panchuk, another issue the ACLU sees with the rocket docket method is that a foreclosure case can move so quickly that the Florida foreclosure can already be in process when a homeowner files for relief, which may be too late.