RESIDENTIAL FORECLOSURE PROCEDURES

Transcription

1 RESIDENTIAL FORECLOSURE PROCEDURES Updated 07/09/2014 NINETEENTH JUDICIAL CIRCUIT COURT OF FLORIDA

2 INDIAN RIVER COUNTY Refer to Judge Cox s webpage at for information on scheduling hearings and for procedures. EFFECTIVE JULY 1, 2013: A magistrate will hear Motions for Summary Judgment/trials the first three Fridays per month. These hearings are scheduled on-line at : 1. Login 2. Hover over Calendar Assignments and Click on Case Assign. 3. Using the Dropdown Menus SELECT Indian River for County, and, 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. Packets for Summary Judgment hearings for the SENIOR JUDGE or MAGISTRATE must be received at least 10 business days in advance of the hearing at the following address: 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. All Envelopes submitted for Indian River for foreclosure cases should have the following return address: The Honorable Cynthia L. Cox th Avenue, Suite 383 Vero Beach, FL Residential Foreclosure Procedures Page 1 of 18

3 OKEECHOBEE COUNTY Refer to Judge Sweet s webpage at for information on scheduling all hearings and for procedures. EFFECTIVE JULY 1, 2013: A magistrate will hear Motions for Trials and Case Management Conferences the fourth Friday monthly. All Envelopes submitted for Okeechobee for foreclosure cases should have the following address: The Honorable Gary L. Sweet 312 Northwest 3 rd Street Okeechobee, FL Residential Foreclosure Procedures Page 2 of 18

4 MARTIN COUNTY Refer to Judge McCann's webpage at for information on scheduling all hearings and for procedures. UNIFORM MOTION CALENDAR WITH SENIOR JUDGE EFFECTIVE APRIL 25, 2014: A Senior Judge will hear Short /Uniform Motion Calendar will be conducted Wednesdays from 8:30 am to 9:30 am. Motions for Summary Judgments cannot be set on the UMC Calendar for the Senior Judge. Copy of motion along with proposed orders as well as addressed and stamped envelopes for all parties should be sent at least 5 days in advance to the following address: These hearings are scheduled on-line at 1. Login 2. Hover over Calendar Assignments and Click on Case Assign. 3. Using the Dropdown Menus SELECT Martin County, and Martin, 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 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. FORECLOSURE SUMMARY JUDGMENTS 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. Residential Foreclosure Procedures Page 3 of 18

5 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. EFFECTIVE JULY 1, 2013: A magistrate will hear Motions for Summary Judgment/trials/Case Management Conference the first four Thursdays per month. If you schedule a hearing before the magistrate, you must send an Order of Referral to the Magistrate, copies of the order, and addressed and stamped envelopes for sending. This must be sent to Judge McCann s office. The referral order can be found at this link: These hearings are scheduled on-line at: 1. Login 2. Hover over Calendar Assignments and Click on Case Assign. 3. Using the Dropdown Menus SELECT Martin County, and, 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 once your matter is scheduled to coordinate for telephonic appearances. Packets for Summary Judgment hearings must be received at least 10 business days in advance of the hearing at the following address: 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 Page 4 of 18

6 All Envelopes submitted for Martin County for foreclosure cases should have the following return address: The Honorable James W. McCann 100 SE Ocean Boulevard, Ste. A353 Stuart, FL Residential Foreclosure Procedures Page 5 of 18

7 SAINT LUCIE COUNTY EFECTIVE JULY 8, 2013: A magistrate will hear trials/case Management Conference set by this Court from Monday to Wednesday (8:30 am - 11:30 am and 1:00 pm - 3:30 pm) A Circuit Judge or Senior Judge will hear residential mortgage foreclosure cases at the Saint Lucie West Courthouse Annex (250 NW Country Club Drive, Port St Lucie, FL 34986) as follows: A Senior Judge will be scheduled in Courtroom M : January 6, 7, 13, 14, 27, 28, 2014; February 3, 4, 10, 11, 24, 25, 2014; March 3, 4, 17, 18, 24, 25, 31, 2014; April 14, 21, 2014; May 5, 19, 2014; June 2, 9, 23, 30, 2014; July 7, 14, 21, 2014; August 4, 11, 18, 2014; September 8, 15, 22, 2014; October 6, 13, 20,27, :30 am 9:30 am 9:30 am 11:30 am 1:00 pm 3:30 pm UMC Hearings TRIALS Special Sets January 8, 15, 29, 2014; February 5, 12, 26, 2014; March 5, 2014; April 1, 15, 22, 2014; May 6, 20, 27, 2014; June 3, 10, 24, 2014; July 1, 8, 15, 22, 2014; August 5, 12, 19, September 2, 9, 16, 23, 2014; October 7, 14, 21, 28, :30 am 9:30 am 9:30 am 11:30 am 1:00 pm 3:30 pm UMC Hearings TRIALS TRIALS January 9, 2014; February 6, 2014; March 27, 2014; May 22, 2014; June 5, 2014; July 17, 2014; August 14, :00 am 09:30 am In Person ONLY MSJ Hearings 9:30 am 11:30 am CourtCall MSJ Hearings 1:00 pm 3:30 pm CourtCall MSJ Hearings Residential Foreclosure Procedures Page 6 of 18

8 September 4, :00 am 09:30 am 9:30 am 11:30 am 1:00 pm 03:30 pm In Person ONLY MSJ Hearings CourtCall MSJ Hearings Special Sets September 18, 2014; October 16, :00 am 09:30 am 9:30 am 11:30 am 1:00 pm 03:30 pm In Person ONLY MSJ Hearings CourtCall MSJ Hearings Trials Judge Roby will be scheduled in Courtroom M : (for Residential Foreclosure only) April 7, 2014; May12, 2014; June 16, 2014; July 28, 2014; August 25, September 29, :00 am 10:00 am 10:00 am 11:30 am 1:30 pm 3:30 pm UMC Hearings TRIALS SPECIAL SETS January 21, 24, 2014; February 17, 18, 19, 21, 2014: March 10, 11, 12, 14, 2014; April 8, 9, 2014; May 13, 14, 2014; June 17, 18, 20, 2014, July 29, 30, 2014; August 1, 26, 27, 29, 2014; September 30, 2014; October 1, 3, :00 am 10:00 am 10:00 am 11:30 am 1:30 pm 3:30 pm UMC Hearings TRIALS TRIALS January 23, 2014; February 20, 2014, March 13, 2014, April 10, 2014; May 15, 2014; June 19, 2014; July 31, 2014; August 28, :00 am 09:30 am 9:30 am 11:30 am 1:30 pm 3:30 pm In Person ONLY MSJ Hearings CourtCall MSJ Hearings CourtCall MSJ Hearings Residential Foreclosure Procedures Page 7 of 18

9 October 2, :00 am 09:30 am 9:30 am 11:30 am 1:30 pm 3:30 pm In Person ONLY MSJ Hearings CourtCall MSJ Hearings Special Sets Residential Foreclosure Procedures Page 8 of 18

10 HOW TO SCHEDULE A ST. LUCIE COUNTY COURT CALL MOTION FOR SUMMARY JUDGMENT (MSJ)HEARING All MSJ hearings will be scheduled on-line. These hearings are scheduled on-line at 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, 11:00 am, 11:30 am, 1:00 pm, 1:30 pm 2:00 pm, 2:30 pm, 3:00 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 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 or MAGISTRATE must be received at least 10 business days in advance of the hearing at the following address: Residential Foreclosure Procedures Page 9 of 18

11 HOW TO SCHEDULE A ST. LUCIE COUNTY IN PERSON MOTION FOR SUMMARY JUDGMENT 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 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 09:00 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 or MAGISTRATE must be received at least 10 business days in advance of the hearing at the following address: Residential Foreclosure Procedures Page 10 of 18

12 HOW TO SCHEDULE A ST. LUCIE COUNTY SHORT HEARING/UNIFORM MOTION CALENDARS (UMC) (HEARINGS NEEDING NO MORE THAN 5 MINUTES) EFFECTIVE JANUARY 2, 2014: Every pleading and other paper of a party represented by an attorney shall be signed by at least one attorney of record in the attorney s individual name or by a party personally if the party is unrepresented. (Rule RJA) Short Hearing/Uniform Motion Calendars will be conducted January 6, 7, 8, 13, 14, 15, 27, 28, 29, 2014; February 3, 4, 5, 10, 11, 12, 24, 25, 26, 2014; March 3, 4, 5, 17, 18, 24, 25, 31, 2014; April 1, 14, 15, 21, 22, 2014; May 5, 6, 19, 20, 27, 2014; June 2, 3, 9, 10, 23, 24, 30, 2014, July 1, 7, 8, 14, 15, 21, 22, 2014; August 4, 5, 11, 12, 18, 19, 2014; September 2, 8, 9, 15, 16, 22, 23, 2014; October 6, 7, 13, 14, 20, 21, 27, 28, :30 am 9:30 am UMC Hearings In addition Short Hearing/Uniform Motion Calendars will be conducted January 21, 24, 2014; February 17, 18, 19, 21, 2014; March 10, 11, 12, 14, 2014; April 8, 9, 2014; May 12, 13, 14, 16, 2014; June 16, 17, 18, 20, 2014; July 28, 29, 30, 2014; August 1, 25, 26, 27, 29, 2014; September 29, 30, 2014; October 1, 3, :00 am 10:00 am UMC Hearings These hearings are scheduled on-line at 6. Login 7. Hover over Calendar Assignments and Click on Case Assign. 8. Using the Dropdown Menus SELECT St. Lucie County, and Foreclosure Judge, Click on submit. 9. Click on date. Residential Foreclosure Procedures Page 11 of 18

13 10. Click on ASSIGN (for 8:30 am UMC Assignment) to enter case details. You may contact Court Call at 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. 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. Residential Foreclosure Procedures Page 12 of 18

14 HOW TO SCHEDULE A ST. LUCIE COUNTY SPECIAL SET HEARING (HEARINGS REQUIRING MORE THAN 10 MINUTES) Motions requiring a hearing of more than 10 minutes will be heard Monday from 1:00 pm to 3:30 pm (additional days and times may be added as needed) April 14, 21, 2014; May 5, 19, 2014; June 2, 9, 23, 30, 2014; July 7, 14, 21, 2014; August 4, 11, 18, 2014; September 4, 8, 15, 22, 2014; October 6, 13, 20, 27, 2014 In addition motions requiring a hearing of more than 10 minutes will be heard Monday from 1:30 pm to 3:30 pm April 7, 2014; May 12, 2014; June 16, 2014; July 28, 2014; August 25, 2014; September 29, 2014; October 2, EFFECTIVE June 1, 2014: In order to cancel a special set hearing set for more than one hour, the party who set the hearing must set a motion to cancel special set hearing on Short Hearings/ Uniform Motion Calendars (or mail an ex-parte packet to the Judge s office) at least 5 business days before the special set hearing. Appearance must be in person for any evidentiary hearing. An order authorizing appearance by phone is necessary for telephonic appearance in hearings scheduled for more than 15 minutes. Every pleading and other paper of a party represented by an attorney shall be signed by at least one attorney of record in the attorney s individual name or by a party personally if the party is unrepresented. (Rule RJA) These hearings are scheduled on-line at: 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. Residential Foreclosure Procedures Page 13 of 18

15 5. Click on ASSIGN (for 1:00 pm Special Set Assignment) to enter case details. You may contact Court Call at 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. Residential Foreclosure Procedures Page 14 of 18

16 ST. LUCIE COUNTY 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. 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 If hearing is scheduled, attorneys may attend by CourtCall if arrangements are made through CourtCall two business days prior to the scheduled hearing. If the judge requires the matter to be set for hearing, it should be set during UMC or as otherwise directed by the. IMPORTANT: The timing of the Motion to Cancel Foreclosure Sale must comply with Administrative Order and the notice of hearing must be served on opposing counsel no later than 2 days prior to the scheduled hearing. Residential Foreclosure Procedures Page 15 of 18

17 TRIALS NOTICES FOR TRIAL: All notices that the case is at issue and ready to be set for trial shall be sent to: APPEAR IN PERSON ONLY: Trials and Case Management Conferences 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 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: Residential Foreclosure Procedures Page 16 of 18

18 19TH JUDICIAL CIRCUIT REQUIRED SUMMARY JUDGMENT PACKET CONTENTS FOR RESIDENTIAL FORECLOSURE EFFECTIVE DECEMBER 2, 2013: Summary judgment packets submitted to the court must contain the following as a minimum for the case to proceed to a hearing: ORIGINALS: For Saint Lucie and Indian River Counties: Proposed Final Judgment (with adding tape showing verification of the amounts) with copies of Final Judgment as well as addressed and stamped envelopes for all parties. For Martin County: Proposed Final Judgment (with adding tape showing verification of the amounts) with copies of Final Judgment, 3 sets of addressed and stamped envelopes and a Certificate of Title. 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. All envelopes submitted for Saint Lucie County must have this address as a return address: All envelopes submitted for Indian River County must have this address as a return address: Residential Foreclosure Procedures Page 17 of 18

19 The Honorable Cynthia L. Cox th Avenue, Suite 383 Vero Beach, FL All envelopes submitted for Martin County must have this address as a return address: The Honorable James W. McCann 100 SE Ocean Boulevard, Ste. A353 Stuart, FL Please submit the packets to: Residential Foreclosure Procedures Page 18 of 18