Residential Foreclosure Procedures for the 19 th Judicial Circuit Court of Florida

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1 Residential Foreclosure Procedures for the 19 th Judicial Circuit Court of Florida ***NOTE: UPDATES FOR DEC 2012 AND FOR 2013 BELOW*** Current Procedures through November 2012: 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 : 9:30 a.m. 11:00 a.m. CMC Hearings 1:00 p.m. 2:00 p.m. CMC Hearings Wednesdays Judge Nelson will be scheduled in Courtroom N : 9:30 a.m. 10:00 a.m. In Person ONLY MSJ Hearings 10:00 a.m. 11:30 a.m. CMC Hearings 1:30 p.m. 2:00 p.m. CMC Hearings Thursdays Judge Nelson will be scheduled in Courtroom N : 9:30 a.m. 10:00 a.m. In Person ONLY MSJ Hearings 10:00 a.m. 11:30 a.m. CourtCall MSJ Hearings 1:30 p.m. 2:00 p.m. CourtCall MSJ Hearings Fridays Judge Belanger will be scheduled in Courtroom N : 9:30 a.m. 10:00 a.m. In Person ONLY MSJ Hearings 10:00 a.m. 11:30 a.m. CourtCall MSJ Hearings 1:30 p.m. 2:00 p.m. CourtCall MSJ Hearings

2 UPDATES EFFECTIVE December 1, 2012 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: Monday December 3, 10, 17, 31, 2012 a Senior Judge will be scheduled in Courtroom N : 9:30 a.m. 11:00 a.m. TRIALS 1:00 p.m. 3:30 p.m. TRIALS Tuesday December 4,11,18, 2012 a Senior Judge will be scheduled in Courtroom N : December 4 and 18, 2012: 8:30 a.m. 11:00 a.m. TRIALS 1:00 p.m. 3:30 p.m. TRIALS December 11, 2012: 9:30 a.m. 11:00 a.m. TRIALS 1:00 p.m. 3:30 p.m. TRIALS Wednesdays Judge Nelson will be scheduled in Courtroom N additional three days of trials by a Senior Judge in Courtroom M : there will also be an December 5,12,19, 26, 2012 Courtroom N : 9:30 a.m. 11:30 a. m. TRIALS 1:30 p.m. 2:00 p.m. TRIALS Wednesday December 5, 12, 19, 2012 Courtroom M : 8:30 a.m. 11:30 a.m. TRIALS 1:30p.m. 3:45 p. m. TRIALS Thursday December 6, 13, 20, 27, 2012 Courtroom N : 9:30 a.m. 10:00 a.m. In Person ONLY MSJ Hearings 10:00 a.m. 11:30 a.m. CourtCall MSJ Hearings 1:30 p.m. 2:00 p.m. CourtCall MSJ Hearings

3 Friday December 7, 14, 21, 28, 2012 Courtroom N : 9:30 a.m. 10:00 a.m. In Person ONLY MSJ Hearings 10:00 a.m. 11:30 a.m. CourtCall MSJ Hearings 1:30 p.m. 2:00 p.m. CourtCall MSJ Hearings **** Below please see updated procedures for 2013**** Indian River County Refer to Judge Cox s webpage at 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, 2013, February 8, 2013, March 8, 2013, April 12, 2013, May 10, 2013, and June 14, These hearings are scheduled on-line at Click on Calendar Assignments, Case Assign (enter Indian River County, Foreclosure Judge) submit, click on date, 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 once your matter is scheduled to coordinate for telephonic appearances. Packets for Summary Judgment hearings for the SENIOR JUDGE must be received at the following address: Foreclosure Judge, 250 NW Country Club Dr., Ste. 217, Port St. Lucie, FL at least 10 business days in advance of the hearing. 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.

4 Martin County Refer to Judge McCann's webpage at 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 UPDATE: In addition, a Senior Judge will hear one day of Motions for Summary Judgment/trials per month on the following dates: January 17, 2013, February 21, 2013, March , April 18, 2013, May 16, 2013, and June 20, These hearings are scheduled on-line at Click on Calendar Assignments, Case Assign (enter Martin County, Foreclosure Judge) submit, click on date, 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 once your matter is scheduled to coordinate for telephonic appearances. Packets for Summary Judgment hearings for the SENIOR JUDGE must be received at the following address: Foreclosure Judge, 250 NW Country Club Dr., Ste. 217, Port St. Lucie, FL at least 10 business days in advance of the hearing. 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.

5 Okeechobee County Refer to Judge Metzger s webpage at 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, 2013, February 28, 2013, March , April 25, 2013, May 23, 2013, and June 27, 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 : 9:30 a.m. 11:00 a.m. TRIALS 1:00 p.m. 3:00 p.m. TRIALS Wednesdays Senoir Judge will be scheduled in Courtroom N : 9:30 a.m. 11:30 a. m. TRIALS 1:30 p.m. 2:00 p.m. TRIALS Thursdays a Circuit Judge will here the following in Courtroom N : January 10, 17, 31, 2013; February 7, 14, 21, 2013; March 7, 21, 28, 2013: 9:00 a.m. 9:30 a.m. In Person ONLY SFJ Hearings 9:30 a.m. 11:30 a.m. CourtCall MSJ Hearings 1:30 p.m. 3:30 p.m. CourtCall MSJ Hearings Fridays a Senior Judge will hear Special Sets/Trials/MSJs in Courtroom N : January 4, 18, 25, 2013; February 1, 15, 22, 2013; March 1, 15, 22, 2013

6 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 Click on Calendar Assignments, Case Assign (enter St Lucie County, Foreclosure Judge) submit, click on date, click on ASSIGN (for 10:00 am, 10:30 am, 11:00 am, 11:30 am, 1:30pm, 2:00pm, 2:30pm,3:00pm,3:30pm,SLC MSJ-COURT CALL 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. You may contact Court Call at once your matter is scheduled to coordinate for telephonic appearances. How to schedule a SLC In Person MSJ: Hearings in which Plaintiff s counsel will attend in person will be heard on Thursdays from 9:30 am to 10:00 am. You must submit a packet at least 10 days in advance of the hearing as indicated below. These hearings are scheduled on-line at Click on Calendar Assignments, Case Assign (enter St Lucie County, Foreclosure Judge) submit, click on date, click on ASSIGN (for 9:30 a.m. 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. How to schedule a SLC SHORT HEARING/UNIFORM MOTION CALENDARS (UMC)

7 (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 Click on Calendar Assignments, Case Assign (enter St Lucie County, Foreclosure Judge) submit, click on date, click on ASSIGN (for 8:30 a.m. UMC Assignment) to enter case details. You may contact Court Call at once your matter is scheduled to coordinate for telephonic appearances. A copy of the motion must be sent to Foreclosure Judge, 250 NW Country Club Dr., Ste. 217, Port St. Lucie, FL 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. How to Schedule a SLC Special Set Hearing

8 (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 call or send an to the Foreclosure Case Manager at (772) , Foreclosure@Circuit.19.org. These hearings are scheduled on-line at Click on Calendar Assignments, Case Assign (enter St Lucie County, Foreclosure Judge) submit, click on date, click on ASSIGN (for 2:30 p.m. Special Set Assignment) to enter case details. You may contact Court Call at once your matter is scheduled to coordinate for telephonic appearances. 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 # 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 or foreclosure@circuit19.org 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.

9 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 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 are 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

10 19TH JUDICIAL CIRCUIT REQUIRED SUMMARY JUDGMENT PACKET CONTENTS FOR RESIDENTIAL FORECLOSURE CASES 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): -Notice of Hearing stamp and verification page showing no service should not be submitted) eturns proceeding for any defendant wing any endorsements) the servicer has full authority to foreclose at the time of filing or applicable (if applicable) of Compliance with AO or as -Participation (if applicable) Affidavit regarding attorney s fees by supporting expert (see **NOTE below) ORIGINALS: 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.

11 Envelopes must have this address as a return address: Foreclosure Judge, 250 NW Country Club Dr., Ste. 217, Port St. Lucie, FL 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 **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.

RESIDENTIAL FORECLOSURE PROCEDURES

RESIDENTIAL FORECLOSURE PROCEDURES Updated 03/19/2018 NINETEENTH JUDICIAL CIRCUIT COURT OF FLORIDA INDIAN RIVER COUNTY CIRCUIT JUDGE PAUL B. KANAREK S RESIDENTIAL FORECLOSURE PROCEDURES 1. UNIFORM MOTION