Florida district court rulings --- may help somebody

[joerusso85]

Found this on Florida bar web site... maybe it can be of useful information to some.


Summary of Current (3/25/09) Administrative Orders:
1st Circuit, Escambia, Santa Rosa, Okaloosa and Walton Counties – Effective March
17, 2009 with implementation on April 1, 2009, all owner occupied residential
foreclosure actions must file Form "A" with the action providing among others things a
lender representative with the authority to settle. This form shall go immediately to
Managed Mediation with the Collins Center. Unless the parties stipulate in writing to the
use of an alternate mediator, the parties and the presiding judge are deemed to have
stipulated to referral of the mediation to the Collins Center. All Plaintiffs must file a
copy of the promissory note, mortgage and any pooling and servicing agreement that may
affect the plaintiff's ability to settle. Plaintiff must pay the nonrefundable managed
mediation fee of $750. Defendants will be given a list of HUD and National Foreclosure
Mitigation Counseling Program counselors who can assist the defendant in preparing for
the mediation. A representative of the counseling agency may accompany the defendant
to the mediation. If defendant hires an attorney, the attorney must file a notice of
appearance. The appearance may be limited to the mediation only. Includes a Borrowers
Financial Information form that the Collins Center may require, along with other
documents from the borrower. (See 19th Circuit)
4th Circuit, Duval County – Requires that for all foreclosures filed in Duval County a
copy of "Notice of Legal Assistance Regarding Foreclosure Cases" be attached. Gives
the number for JALA on the Notice. Dated June 8, 2008.
4th Circuit, Nassau County – Effective July 7, 2008, no foreclosures may be heard with
either party appearing by telephone.
6th Circuit, Pasco and Pinellas Counties – Effective January 19, 2009 all foreclosures
on homesteads by institutional lenders must include the Foreclosure Judgment Packet –
notice with information to homeowner, lender contact information, certificate of
compliance with procedures (plaintiff must indicate information about the original note),
Uniform Final Judgment.
7th Circuit, St. Johns County – Effective November 12, 2008, notice of legal assistance
served with summons.
9th Circuit, Orange and Osceola Counties – Effective May 1, 2008 no telephone
hearings in foreclosure cases.
9th Circuit, Orange and Osceola Counties – Effective February 25, 2009 at option of
the court a foreclosure case may be referred for mediation. At time Plaintiff/lender files
TO PROMOTE THE PROVISION OF CIVIL LEGAL ASSISTANCE TO INDIGENT PERSONS
AN EQUAL OPPORTUNITY EMPLOYER
2425 TORREYA DRIVE TALLAHASSEE, FL 32303
2425 TORREYA DRIVE TALLAHASSEE, FL 32303 - PHONE: 850.385.7900 - FAX: 850.385.9998
foreclosure, Defendant/homeowner must be served with a form Notice providing lender
contact info for loan workout department and notice of homeowner's right to mediation.
Orange County Bar provides a list of certified mediators. Plaintiff pays cost of mediation
at $275 for 2 hours and $100 hour thereafter, with one half of the cost recoverable.
12th Circuit, Desoto, Sarasota and Manatee Counties – Effective December 1, 2008
orders and forms for new foreclosure procedures (still in draft form and allow for public
comments).
-Requires a Circuit Foreclosure Liaison be appointed by each party as the court's
point of contact;
-Creates the Homestead Foreclosure Conciliation Program (HFCP). This is not
mediation but requires lenders to schedule a phone conference with homestead owners.
Lender's attorney must certify the conference was at least attempted. Pro bono attorneys
make a limited appearance.
-Legal aid contact information is provided.
12th Circuit, Desoto, Sarasota and Manatee Counties – Effective March 9, 2009 no
telephonic appearances in mortgage foreclosure cases.
14th Circuit, Bay County, the Honorable Michael Overstreet's court – Effective
February 1, 2009, no telephonic appearance at mortgage foreclosure hearings and original
note and mortgage to be attached.
15th Circuit, Palm Beach County – Effective November 1, 2008 if a borrower wishes
to modify their loan, they must complete the Defendant's Foreclosure Questionnaire
provided a financial affidavit, 2 years of tax returns, 3 months of pay stubs and proof of
living in the property. Lender must process request and respond. Borrower may also
request a short sale by providing lender's attorney the sales contract, HUD 1 statement,
real estate agent contacts. Mediation may then be ordered by the court upon request by
either party.
17th Circuit, Broward County, The Honorable David Krathen division – Effective
January 17, 2009, Judge Krathen issued an order requiring all mortgage foreclosure cases
in his division complete a notarized form verifying among other things that the original
note is filed or that a lost note affidavit is included and has been executed by an officer of
the institution who has authority to bind the plaintiff.
18th Circuit, Brevard County – Effective February 9, 2009 if a responsive pleading
seeking relief is filed by any Defendant then the case is referred to mediation before final
or summary judgment hearing. Plaintiff may schedule mediation through the Supreme
Court Certified Civil Mediator or the Brevard Civil Mediation Department. If the
mediation department is used the fee is $250 paid in advance for 1.5 hours. If the matter
is not resolved the fee may be added as a cost to the final judgment. A mediation agenda
is provided with options: repayment; home saver advance under Fannie Mae;
forbearance; modification; sale; deed in lieu; consent judgment; reverse mortgage. A
TO PROMOTE THE PROVISION OF CIVIL LEGAL ASSISTANCE TO INDIGENT PERSONS
AN EQUAL OPPORTUNITY EMPLOYER
2425 TORREYA DRIVE TALLAHASSEE, FL 32303
2425 TORREYA DRIVE TALLAHASSEE, FL 32303 - PHONE: 850.385.7900 - FAX: 850.385.9998
representative with authority to settle for Plaintiff must be available, but can appear by
phone.
18th Circuit, Seminole County – Effective January 29, 2009 if a responsive pleading
seeking relief is filed by any Defendant then the case is referred to mediation before final
or summary judgment hearing. Plaintiff may schedule mediation through the Supreme
Court Certified Civil Mediator or the Seminole County Court Mediation Department. If
the mediation department is used the fee is $250 paid in advance for 1.5 hours. If the
matter is not resolved the fee may be added as a cost to the final judgment. A
representative with authority to settle for Plaintiff must be available, but can appear by
phone.
19th Circuit, Indian River, Martin, Okeechobee and St. Lucie Counties – Effective
March 13, 2009 all owner occupied residential foreclosure actions must file Form "A"
with the action providing among others things a lender representative with the authority
to settle. This form shall go immediately to Managed Mediation with the Collins Center.
Plaintiff must also file a copy of the promissory note, mortgage and any pooling and
servicing agreement that may affect the plaintiff's ability to settle. Plaintiff must pay the
nonrefundable managed mediation fee of $750. Defendants will be given a list of HUD
and National Foreclosure Mitigation Counseling Program counselors who can assist the
defendant in preparing for the mediation. A representative of the counseling agency may
accompany the defendant to the mediation. If defendant gets a legal aid or pro bono
attorney, the attorney may file a limited notice of representation only through the
conclusion of the mediation process. Includes a Borrowers Financial Information form
that the Collins Center may require along with other documents. (See 1st Circuit)
Supreme Court of Florida – Dated March 9, 2009 Administrative Order creating a
statewide taskforce to report and recommend to the court a system of mediation or other
alternate dispute resolution efforts that would protect the rights of the homeowners and
lenders. Interim report due by May 8, 2009. Final report due no later than August 15,
2009
Collin Center proposal – Managed Mediation (using an independent professional
mediator paid by the Collins Center) would require court orders requiring participation by
the lender in the program; lender provides an individual with authority to settle before the
foreclosure proceeding; lenders would pay the costs. (Proposes a statewide process with
an initial pilot project.)