Why Consider the Florida Foreclosure Timeline and Case Backlogs?
Inevitably, homeowners and members of the public researching the Florida foreclosure process and the Florida foreclosure timeline will encounter news accounts quoting politicians and bureaucrats regarding the need to “clear the backlog” of foreclosure cases that are not rapidly progressing to judgment. A variety of attempts have been made to meet this end, mostly with paltry results. Florida’s foreclosure timeline currently remains one of the longest in the nation (KNZ law represents homeowners who were initially sued as far back as 2008), it seems that many people assume that the large amount of foreclosure cases handled by certain Florida counties is somehow automatically a problem that needs fixing.
Why Are Assumptions About Foreclosure Backlogs Faulty?
1. First, the foreclosure process in Florida should not be judged by the speed of its results or by the amount of cases pending in any given county; rather, the validity of the process rests upon whether or not homeowners are given a fair, impartial right to assert defenses and present them before an unbiased judge. Can we imagine any other area of law where rhetoric about speeding up cases and clearing backlogs would be tolerated without regard or consideration for whether such “corrective” actions protect due process rights?
2. Secondly, advocates for arbitrarily clearing caseloads are deafening in their silence regarding empirical evidence about the harm that a backlog creates.
Have you read a single news article that points to empirical data showing anyone or any community is harmed because a certain court division or county has a large pending caseload, whether in foreclosure cases or otherwise?
3. Finally, advocates for clearing backlogs disregard the negative effects their policies have on the integrity of the Florida foreclosure process. Hence, homeowners in certain Florida counties appear before unelected senior judges (who may never have been elected as high as the circuit court level during their active careers, yet are now appointed to preside over circuit court cases).
Homeowners in other Florida counties face trials where judges expect a complete trial to take less than 15 minutes. If the whole impetus for having a judicial foreclosure system is to provide due process and consumer protection, why should a high county clerk or court caseload somehow trump the need for meaningful judicial review of foreclosure cases?
How Can The Attorneys at King, Nieves, & Zacks Help Me Navigate the Florida Foreclosure Process?
The Florida foreclosure attorneys at KNZ law have handled hundreds of foreclosure cases. As widely cited pioneers in the world of foreclosure defense litigation, our attorneys will never hand your work off to inexperienced associates, and our goal will always be a resolution of your case that meets your satisfaction rather than endless delay tactics and mindless litigation. Let us walk you through each step of the foreclosure process timeline in Florida and explain all of your options.