Wednesday, September 29, 2010

Florida Court System Begins Banning Public From Observing Foreclosure Proceedings? "You Don't Argue With Someone Carrying A Gun," Says One Attorney

Buried in a recent story in The Tampa Tribune on the three-ring circus that is the foreclosure process in Florida is this excerpt regarding public access to the legal proceedings taking place when booting delinquent homeowners from their homes:

  • Another concern of defense attorneys: a closed-door policy for something that should be open to the public.

  • "You get off the elevator now in Jacksonville and the doors leading to the foreclosure hearings are locked" [foreclosure defense attorney April] Charney said. "A bailiff won't let you in until your scheduled hearing is to begin."

  • Randall Reder, a Tampa foreclosure defense attorney, said he has repeatedly seen homeowners and attorneys turned away from hearings. He said he now waits in the hallway until his case hearing because bailiffs won't let him in the hearing room to observe. "The laws are very clear that all judicial proceedings are open to the public," Reder said. "But my automatic reaction is, 'you don't argue with someone carrying a gun.'"

***

  • The courts say it's not a matter of access but of space. "The rooms are small and we have emotional issues here," [Hillsborough County court administrator Mike] Bridenback said. "We only have one bailiff, and there is a need for security."

For the story, see Area judges handling hundreds of foreclosures a day.

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