RESIDENTIAL FORECLOSURE PROCEDURES

Updated 04/10/2013

NINETEENTH JUDICIAL CIRCUIT COURT OF FLORIDA

INDIAN RIVER COUNTY

Refer to Judge Cox’s webpage at www.circuit19.org for information on scheduling hearings and for procedures. UPDATE: In addition, a Senior Judge will hear one day of Motions for Summary Judgment/trials per month on the following dates: January 11, February 8, March 8, April 12, May 10 and June 14, 2013. These hearings are scheduled on-line at : https://slccjis.stlucieco.gov/attorney_calendar/ 1. Login 2. Hover over Calendar Assignments and Click on Case Assign. 3. Using the Dropdown Menus SELECT Indian River for County, and Foreclosure Judge, Click on submit. 4. Click on date. 5. Click on ASSIGN (for 9:00 am, 9:30 am, 10:00 am, 10:30 am, 11:00 am, 11:30 am, 1:30 pm, 2:00 pm, 2:30 pm, 3:00 pm, 3:30 pm Foreclosure MSJ Assignment) to enter case details. You may contact Court Call at 888-882-6878 once your matter is scheduled to coordinate for telephonic appearances. Packets for Summary Judgment hearings for the SENIOR JUDGE must be received at least 10 business days in advance of the hearing at the following address: Foreclosure Judge 250 NW Country Club Dr., Ste. 217 Port St. Lucie, FL 34986 If the complete packet is not received at least 10 business days in advance of the hearing, then you may be required to reschedule the hearing.

Residential Foreclosure Procedures 19th Judicial Circuit Court

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MARTIN COUNTY

Refer to Judge McCann's webpage at www.circuit19.org for information on scheduling all hearings and for procedures. All residential mortgage foreclosure summary judgment packets for Martin County cases must be received at the address below no later than 10 business days in advance of the hearing. If complete packets are not received at least 10 business days in advance of the hearing, then you may be required to reschedule the hearing. Please submit the packets to: Foreclosure Judge 250 NW Country Club Dr., Ste. 217 Port St. Lucie, FL 34986 UPDATE: In addition, a Senior Judge will hear one day of Motions for Summary Judgment/trials per month on the following dates: January 17, February 21, March 21, April 18, May 16, and June 20, 2013. These hearings are scheduled on-line at: https://slccjis.stlucieco.gov/attorney_calendar/ 1. Login 2. Hover over Calendar Assignments and Click on Case Assign. 3. Using the Dropdown Menus SELECT Martin County, and Foreclosure Judge, Click on submit. 4. Click on date. 5. Click on ASSIGN (for 9:00 am, 9:30 am, 10:00 am, 10:30 am, 11:00 am, 11:30 am, Foreclosure MSJ Assignment ) to enter case details. You may contact Court Call at 888-882-6878 once your matter is scheduled to coordinate for telephonic appearances.

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Packets for Summary Judgment hearings for the SENIOR JUDGE must be received at least 10 business days in advance of the hearing at the following address: Foreclosure Judge 250 NW Country Club Dr., Ste. 217 Port St. Lucie, FL 34986

OKEECHOBEE COUNTY

Refer to Judge Metzger’s webpage at www.circuit19.org for information on scheduling all hearings and for procedures. UPDATE: In addition, a Senior Judge will hear one day of Trials per month on the following dates: January 31, February 28, March 28, April 25, May 23, and June 27, 2013.

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SAINT LUCIE COUNTY

A Circuit Judge or Senior Judge will hear all matters concerning residential mortgage foreclosure cases at the Saint Lucie West Courthouse Annex (250 NW Country Club Drive, Port St Lucie, FL 34986) as follows: Mondays and Tuesdays a Senior Judge will be scheduled in Courtroom “N”:  8:30 am – 9:30 am  9:30 am – 11:00 am  1:00 pm – 3:00 pm

UMC Hearings TRIALS TRIALS

Wednesdays Senior Judge will be scheduled in Courtroom “N”:    

8:30 am – 9:30 am 9:30 am – 11:30 am 1:30 pm – 2:00 pm 2:30 pm – 4:00 pm

UMC Hearings TRIALS TRIALS Special Set Hearings

Thursdays a Circuit Judge will hear the following in Courtroom “N”: January 10, 17, 31

February 7, 14, 21

March 7, 21, 28

April 4, 18

May 2, 9, 30

June 13, 20

 9:00 am – 9:30 am  9:30 am – 11:30 am  1:30 pm – 3:30 pm

In Person ONLY SFJ Hearings CourtCall MSJ Hearings CourtCall MSJ Hearings

Fridays a Senior Judge will hear Special Sets/Trials/MSJs in Courtroom “N”: January 4, 18, 25

February 1, 15, 22

March 1, 15, 22

April 19

May 10, 31

June 14

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HOW TO SCHEDULE A SLC COURT CALL MOTION FOR SUMMARY JUDGMENT (MSJ)HEARING

All MSJ hearings will be scheduled on-line. These hearings are scheduled on-line at https://slccjis.stlucieco.gov/attorney_calendar/ 1. Login 2. Hover over Calendar Assignments and Click on Case Assign. 3. Using the Dropdown Menus SELECT St. Lucie County, and Foreclosure Judge, Click on submit. 4. Click on date. 5. Click on ASSIGN (for 10:00 am, 10:30 am, 11:00 am, 11:30 am, 1:30 pm, 2:00 pm, 2:30 pm, 3:00 pm, 3:30 pm SLC MSJ-COURT CALL Assignment) to enter case details. All residential mortgage foreclosure summary judgment packets for St. Lucie County cases must be received at the address below no later than 10 business days in advance of the hearing. If complete packets are not received at least 10 business days in advance of the hearing, then you may be required to reschedule the hearing. These hearings are for Motions for Summary Judgment that require 5 minutes, if more time is needed please schedule your matter for a special set. You may contact Court Call at 888-882-6878 once your matter is scheduled to coordinate for telephonic appearances. Arrangements with CourtCall should be made at least 2 business days prior to the scheduled hearing. Packets for Summary Judgment hearings for the SENIOR JUDGE must be received at least 10 business days in advance of the hearing at the following address: Foreclosure Judge 250 NW Country Club Dr., Ste. 217 Port St. Lucie, FL 34986

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HOW TO SCHEDULE A SLC IN PERSON MSJ

Hearings in which Plaintiff’s counsel will attend in person will be heard on Thursdays from 9:00am to 9:30am. You must submit a packet at least 10 days in advance of the hearing as indicated below. These hearings are scheduled on-line at https://slccjis.stlucieco.gov/attorney_calendar/ 1. Login 2. Hover over Calendar Assignments and Click on Case Assign. 3. Using the Dropdown Menus SELECT St. Lucie County, and Foreclosure Judge, Click on submit. 4. Click on date. 5. Click on ASSIGN (for 9:30 am SLC MSJ-IN PERSON Assignment) to enter case details. These hearings are for Motions for Summary Judgment that require 5 minutes, if more time is needed please schedule your matter for a special set. Packets for Summary Judgment hearings for the SENIOR JUDGE must be received at least 10 business days in advance of the hearing at the following address: Foreclosure Judge 250 NW Country Club Dr., Ste. 217 Port St. Lucie, FL 34986

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HOW TO SCHEDULE A SLC SHORT HEARING/UNIFORM MOTION CALENDARS (UMC) (HEARINGS NEEDING NO MORE THAN 5 MINUTES PER SIDE)

Short Hearing/Uniform Motion Calendars will be conducted Monday-Wednesday from 8:30 am to 9:30 am. These hearings are scheduled on-line at https://slccjis.stlucieco.gov/attorney_calendar/ 1. Login 2. Hover over Calendar Assignments and Click on Case Assign. 3. Using the Dropdown Menus SELECT St. Lucie County, and Foreclosure Judge, Click on submit. 4. Click on date. 5. Click on ASSIGN (for 8:30 am UMC Assignment) to enter case details. You may contact Court Call at 888-882-6878 once your matter is scheduled to coordinate for telephonic appearances. Arrangements with CourtCall should be made at least 2 business days prior to the scheduled hearing. A copy of the motion must be sent to the address below, no later than 5 business days prior to the scheduled hearing and the notice of hearing must be served on opposing counsel 5 business days prior to the scheduled hearing. Foreclosure Judge 250 NW Country Club Dr., Ste. 217 Port St. Lucie, FL 34986 IMPORTANT: No evidentiary hearings or summary judgment hearings shall be set on Short Hearing/Uniform Motion Calendars. Attorneys may attend by CourtCall if arrangements are made through CourtCall at least 2 business days prior to the scheduled hearing. Arrangements with CourtCall should be made at least 2 business days prior to the scheduled hearing.

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HOW TO SCHEDULE A SLC SPECIAL SET HEARING (HEARINGS REQUIRING MORE THAN 10 MINUTES)

Motions requiring a hearing of more than 10 minutes will be heard Wednesdays and Fridays; from 2:30 pm to 4:00 pm (additional days and times may be added as needed). To schedule a Special Set for Friday please send an email to the Foreclosure Case Manager at [email protected] or call (772) 807-4370. These hearings are scheduled on-line at: https://slccjis.stlucieco.gov/attorney_calendar/ 1. Login 2. Hover over Calendar Assignments and Click on Case Assign. 3. Using the Dropdown Menus SELECT St. Lucie County, and Foreclosure Judge, Click on submit. 4. Click on date. 5. Click on ASSIGN (for 2:30 pm Special Set Assignment) to enter case details. You may contact Court Call at 888-882-6878 once your matter is scheduled to coordinate for telephonic appearances. Arrangements with CourtCall should be made at least 2 business days prior to the scheduled hearing.

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SLC EMERGENCY MOTIONS TO CANCEL FORECLOSURE SALE OR POSTPONE WRIT OF POSSESSION

Emergency Motions to Cancel Foreclosure Sales or Postpone Writs of Possession may not require a hearing. If the judge requires the matter to be set for hearing, it should be set on Mondays - Wednesdays from 8:30 am to 9:00 am during UMC or as otherwise directed by the Foreclosure Judge. IMPORTANT: The timing of the Motion to Cancel Foreclosure Sale must comply with Administrative Order #2010-08 and the notice of hearing must be served on opposing counsel no later than 2 days prior to the scheduled hearing. If you are setting an emergency hearing and the date of the sale is less than 5 days away, then you must contact the Case Manager at 772-807-4370 or [email protected] in order to set the hearing. Setting Motions to Cancel Sale or Motion to Postpone Writ of Possession more than 5 days out can be set on the On-line Calendaring System. Attorneys may attend by CourtCall if arrangements are made through CourtCall two business days prior to the scheduled hearing. Arrangements with CourtCall should be made at least 2 business days prior to the scheduled hearing.

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TRIALS

NOTICES FOR TRIAL: All notices that the case is at issue and ready to be set for trial shall be sent to: Foreclosure Judge 250 NW Country Club Dr., Ste. 217 Port St. Lucie, FL 34986 APPEAR IN PERSON ONLY: All trials require in person appearance.

MISCELLANEOUS

MOTIONS WITHOUT HEARINGS: Some matters may be addressed by the court through a motion not requiring a hearing. Any such motion must be accompanied by a sufficient number of orders and envelopes with postage sufficient for mailing. The “Done and Ordered in chambers” section must indicate Port St Lucie, St. Lucie County, FL.

MOTIONS FOR SUBSTITUTION OF COUNSEL: The court may grant Motions for substitution of counsel without a hearing if a valid stipulation signed by the attorneys, and a valid written consent of the parties is filed. Copies of the motion, stipulation, consent, proposed order and envelopes with postage sufficient for mailing should be sent to the Foreclosure Judge for St. Lucie County cases.

ENVELOPES FOR SENDING ORDERS: You must provide a sufficient number of stamped envelopes for sending orders to all parties. The return address on the envelopes must be: Foreclosure Judge 250 NW Country Club Dr., Ste. 217 Port St. Lucie, FL 34986

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19TH JUDICIAL CIRCUIT REQUIRED SUMMARY JUDGMENT PACKET CONTENTS FOR RESIDENTIAL FORECLOSURE

Summary judgment packets submitted to the court must contain the following as a minimum for the case to proceed to a hearing: COPIES ONLY: (Originals should be sent to Clerk of Court for filing)  Motion for Summary Judgment and Notice of Hearing/Re-Notice of Hearing  First page of complaint showing the style of the case and Clerk’s date of filing stamp and verification page  All returns of service indicating service of summons on defendants (returns showing no service should not be submitted)  Notice of dismissal/dropping party for any defendant not served  Any documents filed in the court file regarding status of any bankruptcy proceeding for any defendant  Promissory note sued upon (showing any endorsements)  Allonge or recorded assignments  Affidavit stating plaintiff is the owner and holder of the note at the time of filing or the servicer has full authority to foreclose  Form A (if applicable)  Plaintiff Attorney’s Certificate of Compliance with AO 2010-03 or 2009-15 as applicable (if applicable)  Mediation Report (if applicable)  Notice of Borrower Non-Participation (if applicable)  Affidavit of indebtedness  Affidavit regarding attorney’s fees by plaintiff’s counsel  Affidavit regarding attorney’s fees by supporting expert  Affidavit of costs  Notice of Filing regarding original note, mortgage, assignments or allonges  Copy of the Completed Notice of Sale (with 2 publication dates) (see **NOTE below)

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ORIGINALS:     

Proposed Final Judgment Proposed Certificate of Sale Proposed Certificate of Disbursements Proposed Certificate of Title Final Disposition Form (properly filled out)

All orders must be accompanied by a sufficient number of copies for conforming and stamped addressed envelopes with sufficient postage for distribution to all parties. Envelopes must have this address as a return address: Foreclosure Judge 250 NW Country Club Dr., Ste. 217 Port St. Lucie, FL 34986 Please do not send separate copies of your motion for summary judgment, affidavits or notice of hearing to the Foreclosure Judge. This must all be included in the packet.

Please submit the packets to: Foreclosure Judge 250 NW Country Club Dr., Ste. 217 Port St. Lucie, FL 34986

**NOTE: The copy of the Completed Notice of Sale (with 2 publication dates) are not required in the St. Lucie County Summary Judgment Packet. However, it is mandatory that these documents are sent to the St. Lucie County Clerk’s office after the Summary Judgment is granted by the Judge.

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