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04/06/11

ACLU to Seek Appeals Court Review of Circuit Foreclosure Courts

The New York-based organization will file a petition for a writ of certiorari with the Second District Court of Appeals on behalf of an unnamed Cape Coral resident on Thursday. The petition, a request that judges review a case in a lower court, will ask the appeals court to examine foreclosure courts in the circuit as a whole, issue a ruling and move the plaintiff’s case to a regular civil docket.

The writ alleges due process violations and “systemic deficiencies” in the foreclosure dockets that result in a loss of protection for homeowners.

The 20th Judicial Circuit is comprised of courts in Collier, Charlotte, Glades, Hendry and Lee counties.

 

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