Last week, a forum called "Bankruptcy and Foreclosure, a View From the Bench" gave attorneys from Miami-Dade, Broward and Palm Beach counties the opportunity to ask some of the busiest foreclosure judges in the state about foreclosure litigation. It also gave the judges on the panel an opportunity to voice their complaints about lenders and homeowners that have been before them in court.
The forum was part of a quarterly series featuring panels of experts on foreclosure and bankruptcy. Ironically, it was sponsored by Gissen & Zawyer Process Service, a firm that is under investigation by the State Attorney General's Office for improperly handling foreclosure documents.
One of the main topics at last week's forum was reportedly the state's backlog of 350,000 foreclosure cases, which doesn't seem to be going away anytime soon. A Miami-Dade Circuit Judge blamed both lenders and distressed homeowners for the extensive backlog, saying that cases have been stalled.
A Broward foreclosure judge on the panel said that she has about 7,000 "dormant" foreclosure cases in her system right now. She said that she sees why defendant homeowners would want to put the case on hold, but she said that she can't understand why plaintiff lenders are sitting on the cases.
A judge on the panel from Palm Beach County described how the overflow of foreclosure cases on the courts began in 2009, but has slowed since the robo-signing scandal was uncovered last fall. However, other judges pointed out that they are still extremely busy even in the lull.
Another topic that was discussed was courtroom decorum. One judge on the panel, who said she handles about 250 foreclosure cases every day, said that attorneys need to be sure that they are treating judges with respect.
"If you're not happy about the court's ruling, instead of rolling your eyes or murmuring under your breath, show me why I should rule in your favor," she said. "I'm trying to do the best I can."
For the same reason, earlier this year the Florida Supreme Court ordered that new members of the Florida Bar pledge an oath of integrity and civility after concerns about courtroom behavior were raised.
Source: SunSentinel.com, "Forum focuses on backlog of 350,000 foreclosure cases," Kimberly Miller, Oct. 31, 2011.
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