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| In The Press |
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| Why Use It? |
Foreclosure is Tough
— Anyone suffering foreclosure, at a minimum, is entitled to being foreclosed
in accordance with the law not in a proceeding which circumvents and defies
the law.
Accelerated Foreclosure Proceedings
— Relying upon tools such as the rocket docket, repeatedly leads to summary
judgments resulting in wrongful foreclosure.
Free Set of Legal Forms and Instructions
— Documentary Clearing House and Associates is providing all lawyers in the
country and any other interested person with “the Rocket Docket Annihilator”
Foreclosure Is Not A Perfunctory Formality
— Almost invariably, no court official checks the pleadings and other filed
documentation to make sure the plaintiff is legally entitled to take
the property by foreclosure.
Reversible Error
— If a court ignores these arguments and grants summary judgment, its
decision results in reversible error if the case is appealed. Moreover, such a
judgment will not protect the plaintiff from a post foreclosure lawsuit filed by
the occupants and owners of the property
for wrongful foreclosure.
Substantive Affirmative Defenses
— The Answer raises disputed questions of fact through substantive affirmative
defenses, none of which are frivolous and many of which require evidence
obtained through discovery to substantiate. |
Stop The Rocket
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Designed By Attorney Richard Kessler
• Washington DC Attorney
• Foreclosure Activist and DCH CEO |
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| Here Is What You Get |
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This Package Consists of:
1. Instructional Guide -- Step-by-Step Instructions.
2. An Answer -- Raises disputed questions of fact in substantive affirmative defenses.
3. Opposition to Summary Foreclosure. -- Contains the legal argument that summary judgment cannot be granted where material facts are in dispute between the parties.
4. Motion to Dismiss-- In Florida only, a Motion to Dismiss for Failure to Register the Trust.
5. Public Domain -- Completely Free of Charge
6. Repeated Use-- Reuse or Republication of These Documents is Encouraged. |
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| The Rocket Docket Discussed |
What's wrong with a Rocket Docket?
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• Courts throughout the country have made short work of cases of uncontested foreclosure by issuing summary judgments of foreclosure as a matter of course after a momentary, expedited hearing conducted as a perfunctory formality.
• Almost invariably, no court official checks the pleadings and other filed documentation to make sure the plaintiff is legally entitled to take the property by foreclosure.
• In such proceedings, foreclosure in reliance upon slop documentation is routine. |
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Is The Court Aware of These Defects and Deficiencies?
• On June 5th, 2010, the Sarasota Herald Tribune reported a local court-sponsored program -- unofficially dubbed "Stop the Slop" -- to once again review all foreclosure filings and dismiss those that are incomplete.
• Of the 52 cases in the first round of review in Sarasota, all lacked the new verification requirement or other proof the bank is entitled to take the property, an attorney who reviewed the cases says.
• The vast majorities reviewed since then have also failed to meet the requirements.
• Similar results were found in another survey conducted by DCH in April 2009. DCH reviewed 180 cases in Sarasota County and found 72% had defective and deficient paperwork.
• DCH’s recommendations for correcting the problem were rejected by the Chief Judge who claimed that the Court lacked the fiscal resources necessary to check documents in uncontested cases. |
What Are Some Details Surrounding Florida's Rocket Dockets?
The 12th Circuit in Florida which includes Sarasota and Manatee Counties is a microcosm for judicial practice in many other jurisdictions throughout the nation. Foreclosure is a big problem. |
One of every 19 homeowners in Manatee and Sarasota counties received a foreclosure notice last year, a total that pushed Florida to third in the nation for its distressed property rate. Local Chief Judge Lee Haworth expects thousands more foreclosure cases in 2010 and 2011. |
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What Did The Court Do Following These Results?
Instead of correcting the situation, the Chief Judge installed a retired judge to operate an accelerated docket.
This retired judge had among his credentials the startling fact that he had used summary judgment to foreclose 250 cases in one day.
Two weeks later, the same Chief Judge announced his decision to reinstitute a rocket docket in Manatee County, reappoint the retired judge and add two more retired judges to accelerate summary foreclosure judgments. In other words, slop documents would again be used to expedite foreclosure in uncontested cases in the 12th Circuit. |
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