Fla. Homeowners Can't Sue State Over Foreclosure Fees

Law360, New York (December 1, 2011, 3:33 PM EST) -- Florida homeowners who say a court fee they must pay to defend themselves against foreclosures is unconstitutional took a blow Wednesday, when a federal judge ruled the Eleventh Amendment barred many of their class action claims.

Citizens cannot sue state agencies in federal court, with few exceptions, U.S. District Judge John Steele said, dismissing the allegations against Gov. Rick Scott, his cabinet and Florida's revenue department.

“Sovereign immunity is the privilege of the sovereign not to be sued without its consent,” Judge Steele said, quoting precedent....
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