“TALLAHASSEE — With tens of thousands of foreclosure cases clogged in the state’s courts, the Florida Supreme Court is signing off on a plan to use lawyers — and not judges — to handle them.
The court on Thursday issued an order that will allow chief judges across the state to use “general magistrates” to process foreclosure cases.
The order, which was approved by all seven justices, called the move a “vehicle to provide additional judicial resources to efficiently process those cases.”
But it was quickly criticized by lawyers who represent homeowners battling foreclosures.”
“The Florida Legislature recently passed a bill (SB 1852) that authorized spending nearly $31 million to help pay for ways to reduce the backlog of foreclosure cases.
State Courts Administrator Lisa Goodner noted that one judicial circuit based in Gainesville is already using magistrates to process foreclosure cases. She also pointed out that final orders issued by magistrates must still be reviewed by a judge before becoming final.
But a key part of the state Supreme Court order is that homeowners could have their case automatically assigned to a non-judge unless they object within 10 days.
The Supreme Court ruling also states that lawyers who are appointed to handle foreclosure cases cannot practice the “same case type” of law in the county where they work as a magistrate.”
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