IN THE CIRCUIT
COURT, SIXTH JUDICIAL CIRCUIT
IN AND FOR
ADMINISTRATIVE
ORDER NO.
2012-002 PA/PI-CIR
RE: REVISION
OF MORTGAGE FORECLOSURE PROCEDURES
On
In
order to address the immediate effective date of Administrative Order
AOSC11-44, the Court issued Administrative Order 2011-064 on
Residential
mortgage foreclosure case filings have increased substantially in recent years
and the backlog of pending mortgage foreclosure cases in the Sixth Circuit is
significant. For calendar year 2011, 9,983 mortgage
foreclosure cases were filed. As of December
31, 2011, a total of 28,727 cases were pending.
Mediation is an alternative means of
resolving disputes and can be helpful in resolving mortgage foreclosure cases. It
provides a forum for the parties to resolve their own dispute. Resolving mortgage foreclosure cases through
mediation can help to prevent more serious increases in the backlog of cases
and is consistent with the Court’s responsibility to take charge of cases at an
early stage of the litigation. See Rule
of Judicial Administration 2.545.
Mediation also provides a more efficient use of limited judicial
resources in an overburdened court system, especially when the cases that are
referred to mediation involve a Defendant/Borrower who has been personally
served or has responded to the lawsuit.
The Circuit Civil Mediation Program
has managed foreclosure cases referred to mediation when the cases were not
eligible for the managed mediation program.
The Circuit Civil Mediation Program does not have sufficient resources
to handle the volume of mortgage foreclosure cases referred to mediation under
the managed mediation program or the volume of cases anticipated to be referred
under this Administrative Order.
Mediation Managers, Inc., is an independent, not for profit corporation that was
selected as the Foreclosure Program Manager for the Sixth Circuit’s managed
mediation program required by Supreme Court Administrative Order
AOSC09-54. That selection was made after
a formal bidding process. The principals
of Mediation Managers, Inc., are attorneys who have
demonstrated expertise in civil mediation, including foreclosure mediation. Mediation Managers, Inc., has proven
experience with the Court, has demonstrated expertise with a managed mediation
program, and has effectively managed a large number of mediation referrals. The exchange of information between the
Plaintiff/Lender and Defendant/Borrower is an important prerequisite to
successful mediation of a mortgage foreclosure case. The web based information platform that was
developed by Mediation Managers, Inc., to allow for exchange of information
between the Plaintiff/Lender and Defendant/Borrower, is critical to the success
of a managed mediation program. Because
of Mediation Manager Inc.’s proven capabilities and expertise, the continued
availability of its services including its web based platform, and the
compatibility of existing services with the program manager services provided
for in this Administrative Order, the Court is continuing its contract
with Mediation Managers, Inc. to assist in the processing of mortgage
foreclosure cases that are referred to mediation.
This Administrative Order is being
issued to provide for management of mortgage foreclosure cases referred to
mediation, including those previously referred to mediation under
Administrative Order 2010-025. It also establishes
requirements for cases that were filed from
Under the authority granted the Chief
Judge in Article V, section 2(d), of the Florida Constitution, Rule of Judicial
Administration 2.215, Rules of Civil Procedure 1.700 – 1.730, and section 43.26,
Florida Statutes, it is
ORDERED:
I. PROCEDURES
APPLICABLE TO MORTGAGE FORECLOSURE CASES INVOLVING RESIDENTIAL PROPERTY
This section applies to all mortgage
foreclosure cases involving residential property, both homestead and
non-homestead, regardless of the type of lender. It applies only to foreclosure of
mortgages. It does not apply to foreclosure
of other liens such as condominium or association liens for assessments;
however, the Court may still order such matters to mediation in accordance with
the provisions of section 44.102, Florida Statutes, and Rules of Civil
Procedure 1.700 – 1.730, using the Sixth Circuit’s Civil Mediation Program.
A. Plaintiff/Lender’s
Responsibilities
For each residential mortgage
foreclosure case, the Plaintiff/Lender’s attorney must:
1. File a verified complaint in accordance with
Florida Rule of Civil Procedure 1.110(b).
2. File with the complaint a verified Form A -
Plaintiff’s Certificate. If the case
involves multiple plaintiffs, only one Form A -
Plaintiff’s Certificate must be filed. The
Form A - Plaintiff’s Certificate, which must be used, is Attachment A to this
Administrative Order. Previous versions
of Form A must not be used. The forms
and information needed by the Plaintiff/Lender should be listed in Form A and
uploaded to the web enabled information platform maintained by the Foreclosure
Program Manager. The forms should not be
filed with Form A and are not required to be served with Form A.
3. File
with the complaint a Form B - Notice to Homeowner, which contains information
for the homeowner on mediation, the options that might be available at mediation, and other resources for the homeowner. Form B – Notice to Homeowner, is Attachment B
to this Administrative Order. Previous
versions of Form B must not be used.
4. Provide the Clerk of the Circuit Court with
sufficient copies of the complaint, summons, Form A - Plaintiff’s Certificate,
and Form B – Notice to Homeowner, for service on all Defendant/Borrowers.
5. Within one business day of the assignment of
a case number but not later than five
business days after the filing of the foreclosure case, electronically
upload to the web enabled information platform maintained by the Foreclosure
Program Manager, a verified Form A, with the forms needed by the
Plaintiff/Lender; the case number, including the section judge number; the
contact information for the Plaintiff/Lender and the Defendant/Borrower,
including telephone numbers and email addresses if known; and indicate whether
the Plaintiff/Lender will accept service by email.
6. If a case is referred to mediation, submit
the mediation fee as provided in the Order of Referral.
7. If a case is referred to mediation and a
Defendant/Borrower requests the Plaintiff/Lender’s Disclosure for Mediation,
upload the information to the web enabled information platform maintained by
the Foreclosure Manager in accordance with the Order of Referral.
B.
Clerk of the Circuit Court Responsibilities
The
Clerk of the Circuit Court shall not issue a summons in a residential mortgage
foreclosure case until a Plaintiff/Lender files a verified complaint, a Form A
– Plaintiff’s Certificate, and a Form B - Notice to Homeowner.
C. Process Servers’ Responsibilities
1. For every residential mortgage foreclosure
case filed, the process server must note on the return of service that the
summons was served with the complaint, Form A - Plaintiff’s Certificate, and Form
B - Notice to Homeowner.
2. When the Defendant/Borrower in a residential
mortgage foreclosure case is served either by personal service or substituted
service upon an authorized person, the process server must:
a. Note the location where service was obtained
and any other contact information for the Defendant/Borrower; and
b. Provide
a copy of the return of service to the Foreclosure Program Manager, preferably
by electronically uploading it to the web enabled information platform
maintained by the Foreclosure Program Manager or by other electronic means.
D. Foreclosure
Program Manager’s Responsibilities
1. All references in this Administrative Order
to the Foreclosure Program Manager are to Mediation Managers, Inc. In performing its services, the Foreclosure
Program Manager must comply with Rules of Civil Procedure 1.700-1.730 and Rules
for Certified and Court-Appointed Mediators, including the requirement to act
with impartiality.
2. For every residential mortgage foreclosure
case where the Defendant/Borrower is served either by personal service or
substituted service upon an authorized person, or the
Defendant/Borrower files any type of paper with the Court within 120 days of constructive
service, the Foreclosure Program Manager must:
a. Prepare an Order of Referral to Mediation and
provide it to the Court as directed. A sample Order of Referral is Attachment C
to this Administrative Order. The Order
of Referral may be modified by the Court without amendment to this
Administrative Order. For those
Defendant/Borrowers who are served either by personal service or substituted
service upon an authorized person, submit the Order of Referral within 10 days
of the filing of the return of service.
For those Defendant/Borrowers who file any type of paper with the Court
within 120 days of constructive service, submit the Order of Referral within 10
days of the filing.
b. If issued by the Court, serve a copy of the
Order of Referral on the Plaintiff/Lender and Defendant/Borrower. If the
Plaintiff/Lender has agreed to service by email in Form A or in a subsequent
notice to the Foreclosure Program Manager, service of the Order of Referral to
the Plaintiff/Lender may be by email.
c. Assign a mediator unless the parties:
(i) notify the Foreclosure Program Manager in writing within
10 days of the service of the Order of Referral that they have agreed upon a
mediator other than through the Foreclosure Program Manager, or
(ii)
file a joint stipulation with the Court with a copy to
the Foreclosure Program Manager requesting to opt out of mediation.
As
permitted by Rule of Civil Procedure 1.700(f) the appointment of mediators to
foreclosure cases will not be by strict rotation, but rather will be assigned
by the Foreclosure Program Manager. Only
Supreme Court certified circuit civil mediators who are specially trained in
mortgage foreclosure cases may be assigned by the Foreclosure Mediation Program. The Foreclosure Mediation Program must have
sufficient mediators to conduct the volume of mediations referred to the
program.
d. Encourage the Defendant/Borrower to
participate in voluntary financial counseling.
e. If the Defendant/Borrower does not have an
attorney, inform the Defendant/Borrower of his or her right to consult with an
attorney and also advise of the availability of pro bono, lawyer referral, and
legal aid services.
f. Explain mediation procedures to the
Defendant/Borrower, time limits for participation in mediation, and the
consequences of non-compliance.
g. Collect the mediation fee of $225.00 per hour
with a minimum of two hours, except as otherwise provided in the Order of Referral.
h.
In order to prepare for mediation and reduce obstacles to communication in
mediation, and consistent with Florida Rule for Certified and Court-Appointed
Mediators 10.220, within 30 days from service of the Order of Referral,
(i) confirm with the Plaintiff/Lender that the only forms and
documents needed by the Plaintiff/Lender in order to participate in mediation
were identified in Form A. If additional
information or forms are needed by the Plaintiff/Lender to participate in
mediation, convey that information to the Defendant/Borrowers and their
attorney, if any.
(ii) obtain from the
Defendant/Borrowers or their attorney, if any, all the forms and information required
by the Plaintiff/Lender that are necessary to conduct the mediation.
(iii) submit the forms and information provided by the
Defendant/Borrowers to the Plaintiff/Lender.
(iv)
if the Defendant/Borrower submitted
Defendant/Borrower’s Request for Plaintiff/Lender’s Disclosure for Mediation, which
is Attachment D to this Administrative Order, obtain the information from the
Plaintiff/Lender and provide it to the Defendant/Borrower.
These
preparations for mediation may be done in person, by telephone, or by
electronic submission as determined by the Foreclosure Program Manager. The Foreclosure Program Manager must provide
the forms and information by uploading them to a secure web platform, by
encrypted email, or by other secure means to protect the confidentiality of the
information.
i. Within 30 days from the submission of the required
documents to the Plaintiff/Lender, conduct a mediation conference. If the Plaintiff/Lender requests additional
information that was not identified in Form A or in subsequent communications
to the Foreclosure Program Manager, do not begin the mediation conference but
reschedule the mediation conference.
j. If the Plaintiff/Lender fails to appear at
the mediation conference, or appears at mediation but requests additional
information that was not identified in Form A or in subsequent communications
to the Foreclosure Program Manager, assess a $200.00 rescheduling fee.
k. Facilitate arrangements for the Plaintiff/Lender’s
representative to appear by telephone at the mediation conference if authorized
by the Court in the Order of Referral.
l. Ensure
that the mediator’s report is timely submitted to the Court;
m. If
the Defendant/Borrower does not timely provide the information necessary to
participate in mediation, or does not appear at a mediation conference, refund $250.00
to the Plaintiff/Lender and retain $200.00 as a mediation cancellation
fee.
n. If the
Defendant/Borrower has obtained a stay of the foreclosure action from the
United States Bankruptcy Court, suspend activities under the Order of
Referral. If the stay is lifted within
60 days, continue with the mediation process.
If the stay is not lifted within 60 days, refund $250.00 to the
Plaintiff/Lender and retain $200.00 as a mediation cancellation fee.
o. If the Defendant/Borrower does not timely
provide the information necessary to participate in mediation or does not
appear at mediation and does not cooperate in timely rescheduling the
mediation, submit a Notice of Defendant/Borrower Nonparticipation in the
Foreclosure Mediation Program to the Court, which is Attachment E to this
Administrative Order.
p. If the Plaintiff/Lender does not timely
provide the forms and information necessary for mediation, does not provide the
Plaintiff/Lender’s Disclosure for Mediation, or does not appear at mediation
and does not cooperate in timely rescheduling the mediation, prepare an Order
to Show Cause for the Court as directed.
q. Prepare statistical reports to the Court as
required.
3. For every residential mortgage foreclosure
case where the Defendant/Borrower is not served either by personal service or
substituted service upon an authorized person and the Defendant/Borrower and
has not filed any type of paper with the Court within 120 days of constructive
service, the Foreclosure Program Manager must file a Notice of Ineligibility
for the Foreclosure Mediation Program. A
Notice of Ineligibility for the Foreclosure Mediation Program is Attachment F
to this Administrative Order. The
Foreclosure Program Manager must also prepare and periodically submit a list of
those cases to the section judge in accordance with directions provided by the
Court.
E. Defendant/Borrowers
Responsibilities
1. The Defendant/Borrower must cooperate with
the Foreclosure Program Manager and provide the financial information required
by the Plaintiff/Lender to the Foreclosure Program Manager within the time
frames established by Order of Referral in order to participate in mediation.
3. If a case is referred to mediation and a Defendant/Borrower
wishes to receive a Plaintiff/Lender Disclosure for Mediation, submit
Defendant/Borrower’s Request for Plaintiff/Lender’s Disclosure for Mediation,
Attachment D to this Administrative Order, in accordance with the Order of
Referral.
II. PROCEDURES
APPLICABLE TO ALL MORTGAGE FORECLOSURE CASES
This section applies to all mortgage
foreclosure cases, residential and commercial.
A. Summary
Judgment Hearings
1. Certificate Filed Prior to Requesting Summary Judgment Hearing
Date
Prior
to requesting a summary judgment hearing for a mortgage foreclosure, the
attorney of record for the Plaintiff must file Form G – Certificate of
Compliance with Foreclosure Procedures with the Clerk, which is Attachment G to
this Administrative Order. This
certifies that the attorney has completed the necessary steps prior to setting
the matter for hearing. Only the
Certificate of Compliance with Foreclosure Procedures attached to this
Administrative Order may be used.
Previous versions of the Certificate of Compliance must not be
used.
2. Foreclosure Judgment Packet Prior to Hearing
Unless the
presiding judge provides otherwise, the Plaintiff’s attorney must deliver a
foreclosure judgment packet to the presiding judge’s office at least five
business days prior to the scheduled hearing on a motion for summary
judgment. The packet must include:
a. the proposed Uniform Final Judgment of
Foreclosure, which is Attachment H to this Administrative Order, including
sufficient copies for conforming and stamped, addressed envelopes for all
parties;
b. the original Promissory Note (unless
previously filed, in which case previous filing should be noted);
c. an affidavit of non-payment with a copy of
the payment records upon which the affiant relies;
d. a copy of the Certificate of Compliance with
Foreclosure Procedures, which is Attachment G to this Administrative Order; and
e. a copy of the Notice of Hearing.
3. Uniform Judgment of Foreclosure
All
proposed final judgments of foreclosure must be in the format of the Uniform
Final Judgment of Foreclosure for the Sixth Judicial Circuit, which is Attachment
H to this Administrative Order, unless otherwise specifically approved by the
judge entering the final judgment. Any
changes to Attachment H must be brought to the attention of the presiding judge
at the final judgment hearing.
B. Foreclosure Sales
1. Notice of
The
Plaintiff is responsible for completing and submitting the Notice of Sale
directly to the appropriate newspaper.
Notices must be prepared and published in accordance with chapters 45
and 702, Florida Statutes. The Plaintiff
must file the original Notice of Sale and Affidavit of Proof of Publication
with the Clerk no later than twenty-four (24) hours prior to the sale. Failure to comply with these procedures may
result in the cancellation of the sale.
2. Cancellation of
If
a Plaintiff wishes to cancel a sale, a written motion must be filed with the
Court in substantial compliance with Florida Rules of Civil Procedure Form
1.996(b). The motion also must state the
number of times the Plaintiff has previously requested the cancellation of a
sale.
C. Bankruptcy
If,
prior to the commencement of a foreclosure sale, the Clerk receives a
suggestion of bankruptcy on behalf of a named Defendant in that foreclosure
case, the Clerk is directed to cancel the foreclosure sale. The Clerk must not cancel the sale if the
presiding judge or a United States Bankruptcy Judge directs otherwise. The Plaintiff must file with the Court any
order from a United States Bankruptcy Judge that restricts the Clerk from
cancelling the sale. The filing of this
order must be as a separate filing and not as an attachment or exhibit.
D. Clerk of the Circuit Court Responsibilities
1. Retention of Documents
All
original mortgages and promissory notes in each mortgage foreclosure case are
required to be surrendered to the Court, and the Clerk must retain such
documents in the court file. The Clerk
shall not return any of these instruments to a party absent specific order of
the Court. Any other exhibits in the court
file may not be released by the Clerk until ninety days after the judgment
becomes final.
2. Clerk’s Default
The
Clerk of the Circuit Court shall not enter a Clerk’s default as to a Defendant/Borrower
until the Foreclosure Program Manager files a Notice of Ineligibility, Notice
of Nonparticipation, or the mediator files a report indicating that the
mediation has failed to achieve a settlement.
If a Plaintiff files a motion for the entry of a default by the Clerk of
the Circuit Court in violation of this section, the Clerk shall take no action
on the motion.
E. Additional
Procedures
The
judicial practice preferences of each judge, which may contain a judge’s
individualized procedures for mortgage foreclosure cases, may be found on the
Circuit’s website at: http://www.jud6.org/LegalCommunity/PracticeRequirementsofJudges.html.
III. PROCEDURES
APPLICABLE TO WRITS OF POSSESSION
The following provisions apply to
motions for a writ of possession arising from the mortgage foreclosure of any
residential property, regardless of homestead status.
A. Certification
Regarding Tenant
An
attorney who files a motion for a writ of possession must include a
certification regarding the status of any tenants on the property.
1. If there are no tenants other than the Defendant/Borrower
or the spouse, child or parent of the Defendant/Borrower, Form I – Certification
of No Tenants, which is Attachment I to this Administrative Order, must be
filed. A proposed order also must be
submitted with the motion for a writ of possession.
2. If there are tenants other than the Defendant/Borrower
or the spouse, child or parent of the Defendant/Borrower, Form J – Certification
of Notice to Tenants, which is Attachment J to this Administrative Order, must
be filed. This notice must certify that
the tenants have been provided notice as required by the federal Protecting
Tenants at Foreclosure Act.
B. Consideration
by the Court
When
a motion for a writ of possession is filed and is accompanied by a Certification
of No Tenants and a proposed order, the Clerk shall forward the motion,
proposed order, and Certification for review to the section that heard the
underlying foreclosure case.
C.
Hearing
When
a motion for a writ of possession is filed and accompanied by a Certification
of Notice to Tenants, the moving party must contact the judicial assistant for
the section judge and set the motion for hearing on the uniform motion calendar
or such other time as may be directed.
Notice of the hearing must be provided to all tenants. At the hearing on the motion, the moving
party must bring:
1. a copy of the
Certification of Notice to Tenants;
2. a copy of the Final
Judgment of Foreclosure; and
3. a copy of the Notice
of Sale.
D. Issuance
of Writ by Clerk
If
a Final Judgment of Foreclosure authorizes the Clerk to issue a writ of
possession without further action of the Court, the Clerk shall not do so
unless the procedures established in this Administrative Order for a
Certification of No Tenants or a Certification of Notice to Tenants have been
followed and the Court has specifically authorized the writ.
IV. OTHER
PROCEDURES
A.
Designation of Attorney Liaison
Any law firm that has more than five residential
foreclosure cases pending in the Sixth Judicial Circuit on behalf of the same Plaintiff/Lender
while this Administrative Order is in effect must appoint two liaisons, one of
whom must be an attorney and the other a representative of the Plaintiff/Lender
or the entity servicing Plaintiff/Lender’s mortgages. The law firm must provide written notice of
the name, telephone number with extension, email, and mailing address of both
liaisons to the Chief Judge and the Foreclosure Program Manager within 30 days
of the filing of the sixth Foreclosure Mediation Program case or within 30 days
of the effective date of this Administrative Order, whichever is later. Subsequent written notices are due on the
first Monday of each January thereafter while this Administrative Order is in
effect.
The liaisons must be familiar with this
Administrative Order and be capable of answering questions concerning the
status of pending cases and the Plaintiff/Lender’s internal procedures on
processing foreclosures. They should
also be readily accessible to discuss administrative and logistical issues
affecting the progress of Plaintiff/Lender’s cases. Plaintiff/Lender’s counsel must promptly
inform the Chief Judge and the Foreclosure Program Manager of any changes in
the designation of liaisons or their contact information.
B. Circuit Civil Mediation
1. Commercial Foreclosure Cases
The
Foreclosure Program Manager will not prepare and submit to the court an Order
of Referral to Mediation in commercial foreclosure cases. A party in a commercial foreclosure case may
file a Motion to Participate in Circuit Civil Mediation in accordance with
section 44.102, Florida Statutes, and Rules of Civil Procedure 1.700 –
1.730.
2. Residential Foreclosure Cases Not Referred to
Mediation
If the Foreclosure Program Manager does
not prepare an Order of Referral to Mediation, a party may file a motion to
participate in Circuit Civil Mediation in accordance with section 44.102,
Florida Statutes, and Rules of Civil Procedure 1.700-1.730.
3. Authority to Order Mediation
Nothing in this Administrative Order
limits the Court’s ability to order any case to Circuit Civil Mediation in
accordance with section 44.102, Florida Statutes, and Rules of Civil Procedure
1.700 – 1.730. The provision in this
Administrative Order implement and do not replace or modify existing statutory
and rule provisions regarding referral to mediation.
C. Opting out
If a party wishes to opt out of
mediation with the Foreclosure Program Manager, the parties may:
1. notify the
Foreclosure Program Manager in writing within 10 days of the service of the Order
of Referral that both parties have agreed upon a different mediator other than
through the Foreclosure Program Manager,
2.
file a joint
stipulation with the Court with a copy to the Foreclosure Program Manager stating
that both parties have agreed to opt out of mediation, or
3.
file a motion
with the Court stating that party’s objections to the Order of Referral.
D. Confidentiality
The
Plaintiff/Lender, Foreclosure Program Manager, information technology provider,
and any other third-party vendor must keep confidential all personal financial
information and any other protected information disclosed by the
Defendant/Borrower. This information may
not be released except as authorized or permitted by federal or state law, or
with the written consent of the Defendant/Borrower, or as authorized by the
Court. Any violation of this provision
will subject the violator to all available civil and criminal sanctions.
E.
Mediation Transition Issues
1. Cases filed before July 1, 2010.
Cases filed before July 1, 2010, in which
Court has issued an Order of Referral to the Foreclosure Mediation Program are
governed by the Order of Referral; provided that mediation must be concluded no
later than June 30, 2012, unless otherwise ordered by the Court.
2. Cases filed between July 1, 2010 and December
19, 2011.
Cases filed between July 1, 2010 and December
19, 2011, which remain in the mediation process, are to continue in accordance
with the procedures established in Administrative Orders 2010-025 and 2011-014. All cases must be concluded no later than
June 30, 2012, unless otherwise ordered by the Court.
Administrative Orders 2010-025 and
2011-014 are amended effective nunc pro tunc December 20, 2011, to provide that the mediation procedures
for cases referred prior to December 20, 2011, remain in effect until June 30,
2012 or until further order of the Court.
3. Cases
filed December 20, 2011 through January 20, 2012.
Cases
filed December 20, 2011 through January 20, 2012, are referred to in this
Administrative Order as transition cases, or cases filed during the transition
period.
The
Foreclosure Program Manager is directed to prepare and submit to the Court as
soon as practicable an Order of Referral to Mediation for every residential
mortgage foreclosure case filed during the transition period, where the
Defendant/Borrower is served either by personal service or substituted service
upon an authorized person, or the Defendant/Borrower files any type of paper
with the Court within 120 days of constructive service.
If
the Plaintiff/Lender has submitted funds to the Foreclosure Program Manager for
cases filed during the transition period and the Plaintiff/Lender requests
return of those funds, the Foreclosure
Program Manager must promptly return those funds. If the Plaintiff/Lender has submitted funds
to the Foreclosure Program Manager for cases filed during the transition period
but does not request return of those funds, the Foreclosure Program Manager may
retain those funds and apply them to the mediation fees as provided in this
Administrative Order or an Order of Referral.
Except as specifically provided in
section IV.E Mediation Transition Issues, the provisions of this Administrative
Order apply nunc pro tunc
December 20, 2011. Administrative Orders
2010-052 and 2011-064 are hereby rescinded.
Administrative Orders 2010-025 and 2011-014 are rescinded effective July
1, 2012.
DONE AND
ORDERED in Chambers at Clearwater,
Pinellas County, Florida this _____ day of January 2012.
ORIGINAL
SIGNED on January 20, 2012
BY J.
THOMAS MCGRADY, CHIEF JUDGE
cc: All Judges
The Honorable Paula S. O’Neil, Clerk
of the Circuit Court, Pasco County
The Honorable Ken Burke, Clerk of
the Circuit Court, Pinellas County
Gay Inskeep, Trial Courts
Administrator
Myriam Irizarry, Chief Deputy
Director, Pinellas County Clerk’s Office
Lillian Simon, Director of
Administrative Services for Pasco County
Bar Associations, Pasco and Pinellas
Counties
Law Libraries, Pasco and Pinellas
Counties
Mediation Managers, Inc.
LIST OF ATTACHMENTS TO ADMINISTRATIVE ORDER 2012-002 |
|
| Attachment A | FORM A – PLAINTIFF’S CERTIFICATE |
| Attachment B | FORM B – NOTICE FROM THE COURT TO HOMEOWNER |
| Attachment C-1 | ORDER OF REFERRAL – PASCO COUNTY |
| Attachment C-2 | ORDER OF REFERRAL – PINELLAS COUNTY |
| Attachment D | DEFENDANT/BORROWER’S REQUEST FOR PLAINTIFF/LENDER’S DISCLOSURE FOR MEDIATION |
| Attachment E | NOTICE OF DEFENDANT/BORROWER’S NONPARTICIPATION AND NOTICE OF CANCELLATION OF FORECLOSURE MEDIATION PROGRAM SESSION |
| Attachment F | NOTICE OF INELIGIBILITY FOR THE FORECLOSURE MEDIATION PROGRAM |
| Attachment G | CERTIFICATE OF COMPLIANCE WITH FORECLOSURE PROCEDURES |
| Attachment H | UNIFORM FINAL JUDGMENT OF FORECLOSURE |
| Attachment I | CERTIFICATION OF NO TENANTS |
| Attachment J | CERTIFICATION OF NOTICE TO TENANTS |