IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT
IN AND FOR
ADMINISTRATIVE ORDER NO. 2009-065 PA/PI-CIR
RE: MORTGAGE FORECLOSURE PROCEDURES
The “Protecting Tenants at Foreclosure Act of 2009” (PTFA),
became effective on May 20, 2009. Pub. L. No. 111-22, 123 Stat. 1660. In certain circumstances, the PTFA
substantially changes Florida law regarding the rights and obligations of a
tenant and a purchaser of foreclosed property,
including restraints on the ability of a purchaser at a foreclosure sale to
take possession of the property.
Administrative Order 2008-081 was adopted to address the volume of mortgage foreclosure cases and to assist in the processing of these cases. Mortgage foreclosure cases continue at an unprecedented rate in the Sixth Judicial Circuit. In Pasco County alone, there were over 12,000 pending mortgage foreclosure cases in the three circuit civil judicial sections as of July 31, 2009.
Additional
procedures are necessary for the Court to comply with the PTFA. Also, procedures regarding the processing of
mortgage foreclosure cases need to be amended.
Therefore, pursuant to the authority of the Chief Judge in Rule of Judicial
Administration 2.215, and §43.26, Florida Statutes,
it is
ORDERED:
1. PROVISIONS APPLICABLE TO ALL MORTGAGE
FORECLOSURE CASES
The following provisions apply to all mortgage foreclosure cases, regardless of the type of lender and regardless of the type of real property secured by the note.
A. 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 with the Clerk of the Circuit Court a Certification of Compliance with Foreclosure Procedures as provided in Attachment A. This certifies that the attorney has completed necessary steps and the dates they were completed, prior to setting the matter for hearing.
B.
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 (5) business days prior to the scheduled hearing on a motion for summary judgment. The foreclosure judgment packet must include:
1. Proposed Uniform Final Judgment. Include sufficient copies for conforming and include stamped, addressed envelopes for all parties;
2. Original Promissory Note (unless previously filed);
3. Notice of Sale;
4. A copy of the Certification of Compliance with Foreclosure Procedures; and
5. A copy of the Notice of Hearing.
C.
Uniform Final Judgment
All proposed final judgments of foreclosure must be in the format of the Uniform Final Judgment of Foreclosure for the Sixth Judicial Circuit as provided in Attachment B unless otherwise specifically approved by the judge entering the final judgment. Any changes to the Uniform Final Judgment of Foreclosure in Attachment B must be brought to the attention of the presiding judge at the final judgment hearing.
2. PROVISIONS APPLICABLE TO MORTGAGE FORECLOSURE
CASES ON HOMESTEAD PROPERTY
The following provisions apply to all mortgage foreclosure cases on homestead property and apply regardless of the type of lender.
A.
Initial Filing
When a mortgage foreclosure action on homestead property is filed, the plaintiff must include the following with the initial filing:
1. A Notice to Homeowner, which provides notice to the homeowner of mediation alternatives and other resources, as provided in Attachment C.
2. A Plaintiff/Lender’s Contact Information Sheet, as provided in Attachment D.
Homestead property is property designated by the property appraiser’s office as “homestead” on the date of filing the complaint.
B. Information with Summons
The plaintiff must include the Notice to Homeowner and Plaintiff/Lender’s Contact Information Sheet with each summons in a mortgage foreclosure action on homestead property.
3. PROVISIONS APPLICABLE TO MORTGAGE FORECLOSURE
SALES
If prior to the commencement of a foreclosure sale, the Clerk of the Circuit Court receives a suggestion of bankruptcy on behalf of a named defendant in a pending foreclosure action, 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 Clerk any order from the United States Bankruptcy Judge that restricts the Clerk from canceling a foreclosure sale. The filing of the order must be a separate filing and not as an attachment or exhibit.
4. PROVISIONS APPLICABLE TO MOTIONS FOR A WRIT
OF POSSESSION FOR RESIDENTIAL REAL PROPERTY
The following provisions apply to motions for a writ of possession arising from the mortgage foreclosure of residential real property.
A. Certification regarding
Tenant
An attorney who
files a motion for a writ of possession must include a certification regarding
the status of tenants in the property.
If there are no tenants other than the mortgagor, or the child, spouse,
or parent of the mortgagor, a Certification of No Tenants as provided in
Attachment E must be filed. If there are
tenants, a Certification of Notice to Tenants as provided in Attachment F,
certifying that tenants have been provided notice as required by the Federal
Protecting Tenants at Foreclosure Act, must be filed.
B. Consideration by the Court
When a motion for a writ of possession is filed and is accompanied by a Certification of No Tenants, the Clerk of the Circuit Court shall forward the motion and Certification for review to the section that heard the underlying foreclosure action.
C. Hearing
When a motion for a writ of possession is filed and is accompanied by a Certification of Notice to Tenants, the moving party must contact the judicial assistant for the section judge and set the matter for hearing on the uniform motion calendar or such other time as may be directed. Notice of the hearing must be provided to the tenants. At the hearing on the motion for a writ of possession, the attorney for the moving party must bring:
1. A copy of the Certification of Notice to Tenants
2. A copy of the Final Judgment of Foreclosure
3. A copy of the Notice of Sale.
D. Issuance of writ by the Clerk
If a Final Judgment of Foreclosure authorizes the Clerk of the Circuit Court 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. This is necessary to ensure that the PTFA requirements are met.
5. 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
Internet site at http://www.jud6.org/LegalCommunity/PracticeRequirementsofJudges.html.
Administrative Order 2008-081 PA/PI-CIR is hereby rescinded.
DONE AND
ORDERED in Chambers at Clearwater,
Pinellas County, Florida this _____ day of October 2009.
____________________________
J.
Thomas McGrady, Chief Judge
Attachments:
cc: All Judges
The Honorable Ken Burke, Clerk of
the Circuit Court,
The Honorable Paula S. O’Neil, Clerk
of the Circuit Court, Pasco County
Suzanne Mucklow, Executive Director,
Pinellas County Clerk’s Office
Debbie Gay, Assistant Court Services
Director, Pasco County Clerk’s Office
Gay L. Inskeep, Trial Courts
Administrator
Bar Associations,
Law Libraries,
IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PASCO/PINELLAS COUNTY, FLORIDA
CIVIL DIVISION
Plaintiff,
v. REF:
UCN:
Defendants.
____________________________________/
CERTIFICATION OF COMPLIANCE WITH
FORECLOSURE PROCEDURES
I hereby certify the following:
Plaintiff’s Status:
________(initial) Plaintiff
is the original mortgagee and holds original note and:
_________(initial) Has previously filed, or is simultaneously filing with this certification, the original note with the Clerk.
_________(initial) Will file the original note with the foreclosure judgment packet.
________(initial) Plaintiff holds the note and rights there under through assignment, the name of the original lender is __________________________________.
________(initial) Whether the plaintiff is the original mortgagee or holds the note through assignment, the original note has been lost or destroyed, and Plaintiff has filed an affidavit attesting to the same in the court file with the Clerk of Circuit Court on ______________________(date). (A copy of the lost note must be attached to the affidavit).
Borrower’s/Defendant’s Status:
_________
(initial & yes/no) The property which is the subject matter of this
foreclosure is listed on the Public Records as subject to a Homestead Exemption
for property tax purposes.
ATTACHMENT A – CERTIFICATE OF
COMPLIANCE
Using the following format provide the name of each borrower/defendant,
the date and method of service of process on each defendant, and the current
status of each defendant. If the property is listed as homestead for property
tax exemption purposes, indicate if a copy of Attachments C and D to
Administrative Order No. 2009-065 were provided to the borrower/defendants.
|
Name of Defendant |
Date and method of service [Date followed by personal, publication, or substitute] |
Status of this Defendant [Dropped; Default; Represented by (include name) of attorney; or, Filed pro se answer] |
Owner/Defendant was provided with a copy of
Attachment C & D at the time of service of process. |
|
|
__/___/____ –_______ |
|
|
|
|
__/___/____ –_______ |
|
|
|
|
__/___/____ –_______ |
|
|
|
|
__/___/____ –_______ |
|
|
Using the
following format provide the name of any borrower/defendant who has not
answered or filed a motion to dismiss, and indicate whether an affidavit of
non-military service or a memorandum for certificate of military service was
filed with the clerk and the date of the document filing. Do not include any borrower/defendant for whom
the Clerk of Circuit Court has entered a default.
|
Name of Defendant |
Indicate the type of document, i.e., Affidavit of non-military service (Affidavit) or memorandum of military service (Memo) |
Date of filing with the Clerk of Circuit Court |
|
|
|
__/___/____ |
|
|
|
__/___/____ |
|
|
|
__/___/____ |
Status of other required certifications: I further certify of the following (Initial next to each completed item):
________ (initial) The Motion for Summary Judgment with copies of all supporting affidavits was sent by U.S. Mail to all Defendants on _________ (date) and filed with the Clerk of Circuit Court on ____________ (date). The following information is included in the supporting affidavits. (Note, these affidavits and amounts may be in the form of one document, but provide the amount claimed for each):
|
Document |
Amount claimed |
|
Affidavit
of Indebtedness/Amount Due* (see note
below) |
|
|
Affidavit
of Attorney’s Time Expended |
|
|
Affidavit
as to Costs |
|
|
Affidavit
as to Reasonable Attorney’s Fees |
|
* Note: If the Plaintiff seeks a prepayment penalty, the affidavit of indebtedness must include reference to the specific clause in the loan contract that provides for a prepayment penalty in the event of foreclosure, and must specify the amount sought.
_________ (initial) The proposed final judgment is, or at submission will be, in the form of the Sixth Judicial Circuit’s Uniform Final Judgment of Foreclosure and is in compliance with § 45.031, Florida Statutes.
_________ (initial) I have carefully reviewed this Certification of Compliance With Foreclosure Procedures and the supporting documents and I certify that the above styled matter is ready for hearing and summary judgment.
_________ (initial) I certify that a true copy of the foregoing Certification of Compliance with Foreclosure Procedures has been furnished this _______ day of ________________, 20__, by facsimile or by regular U.S. Mail to the following: (insert name of each defendant and include his or her address or facsimile number where the copy was furnished or specify the attachment containing that address or facsimile number).
______________________________________________
______________________________________________
______________________________________________
I declare that I have read the foregoing Certification of Compliance with Foreclosure Procedures and the facts stated in it are true.
____________________________________
Attorney Name
Address
Direct telephone number:
IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT
IN AND FOR
PASCO/PINELLAS COUNTY,
CIVIL DIVISION
Plaintiff(s), REF:
UCN:
vs.
Defendant(s).
__________________________________/
UNIFORM FINAL JUDGMENT OF
FORECLOSURE
THIS MATTER was heard before the Court on Plaintiff’s Motion for Summary Final Judgment of Foreclosure on ___________ __, 20__. After consideration of all evidence presented, this Court rules as follows:
IT IS ADJUDGED that:
1. Plaintiff has submitted a Certification of Compliance with Foreclosure Procedures in compliance with Administrative Order No. 2009-065 PA/PI-CIR or any subsequent Administrative Order.
2. VALUE OF CLAIM: At the initiation of this
action, in accordance with section 28.241(1)(a)2.b., Florida Statutes
(effective for actions filed on and after June 1, 2009), Plaintiff estimated
the amount in controversy of the claim to be $__________________. In accordance
with section 28.241(1)(a)2.c., Florida Statutes, the Court
identifies the actual value of the claim to be $___________________. For any
difference between the estimated amount in controversy and the actual value of
the claim that requires the filing fee to be adjusted, the Clerk shall adjust
the filing fee. In determining whether the filing fee needs to be adjusted, the
following graduated filing fee scale in section 28.241(1)(a)2.d.,
Florida Statutes, controls:
|
$400 |
Value of claim less than or equal to $50,000 with
5 defendants or less |
|
$905 |
Value of claim greater than $50,000 but less than
$250,000 with 5 defendants or less |
|
$1,905 |
Value of claim $250,000 or greater with 5
defendants or less |
If an excess filing
fee was paid, the Clerk shall provide a refund of the excess fee. If an additional filing fee is owed, the
Plaintiff shall pay the additional fee prior to the judicial sale. If any
additional filing fee owed is not paid prior to the judicial sale, the Clerk
shall cancel the judicial sale without further order of the Court.
ATTACHMENT B – UNIFORM FINAL JUDGMENT OF FORECLOSURE
3. The following amounts are due and owed to the Plaintiff:
|
Principal due on the note secured by the mortgage foreclosed: |
$ |
|
Interest on the note and mortgage from _______to ________ |
$ |
|
Per diem interest at ___% from _______ to _________ |
$ |
|
Late charges |
$ |
|
Escrow advances |
$ |
|
Title search expenses |
$ |
|
Taxes for the year(s) of _________ |
$ |
|
Insurance premiums |
$ |
|
Court costs: |
$ |
|
Filing fee |
$ |
|
Service of process $ ________ per defendant |
$ |
|
Publication for _______________________ |
$ |
|
|
|
|
SUBTOTAL |
$ |
|
Additional costs |
$ |
|
|
|
|
|
|
|
SUBTOTAL |
$ |
|
Attorney’s fees based upon ____ hours at $ ______ per hour |
$ |
|
Less: Undisbursed escrow funds |
$ |
|
Less: Unearned insurance premiums |
$ |
|
Less: Miscellaneous deductions or credits |
$ |
|
|
|
|
TOTAL SUM |
$ |
4. The total sum in Paragraph 3 shall bear interest from this date forward at the prevailing statutory interest rate of ____ percent.
5. Plaintiff, whose address is ____________________________________________, holds a lien for the total sum specified in Paragraph 3 herein. The lien of the Plaintiff is superior in dignity to any right, title, interest, or claim of the defendants and all persons, corporations, or other entities claiming by, through, or under the defendants, or any of them and the property will be sold free and clear of all claims of the defendants, with the exception of any assessments that are superior pursuant to sections 718.116 and 720.3085, Florida Statutes or ______________________________________________________________________________ ______________________________ [describe other surviving lien]. The Plaintiff’s lien encumbers the subject property located in Pasco County/Pinellas County, Florida and described as:
_____________________________________________________________________________
_____________________________________________________________________________
_______________________________________________________(LEGAL DESCRIPTION)
Property Address: ______________________________________________________________
_____________________________________________________________________________
6. If the total sum with interest at the rate described in Paragraph 4 and all costs accrued subsequent to this judgment are not paid, the Clerk of Circuit Court shall sell the subject property at public sale on ______day of ________________, 20___, at 11:00 a.m. to the highest bidder for cash, except as prescribed in Paragraph 7, in the following location: [mark the applicable location]:
St. Petersburg Judicial Building, 545 First
Avenue North, St. Petersburg,
Clearwater Courthouse, 315 Court Street, Clearwater, Florida, 33756
Pasco County Courthouse, 38053 Live Oak Avenue, Dade City, Florida, 33523
West Pasco Judicial Center,
7530 Little Road, New Port Richey, FL 34654
In an online sale at www.pascorealforeclose.com [mark this box for all sales in Pasco
County on or after November 1, 2009]
In an online sale at [insert internet address and mark this box if the Pinellas Clerk of the
Circuit Court implements online sales]
after having first given notice as required by section 45.031, Florida Statutes. Plaintiff must pay the costs associated with the Notice of Publication at least three (3) days prior to the sale, or have arranged for publication of the Notice.
The Clerk shall not hold a sale in the absence of the Plaintiff's Attorney or other representative, except for an online sale. Plaintiff or its attorney may also cancel or postpone the sale by notifying the Clerk of the Court of such cancellation or postponement via a fax sent to the Clerk prior to the sale being completed.
7. Plaintiff shall advance all subsequent required costs of this action. Except for publishing costs supported by an affidavit, reimbursement or credit for such costs shall be by court order based upon a written motion and adjudication at a hearing with notice. If a third party bidder is the purchaser, the third party bidder must pay the documentary stamps attached to the certificate of title in addition to the bid.
8. If the Plaintiff incurs additional expenses subsequent to the entry of this final judgment but prior to the sale date specified in Paragraph 6 herein, Plaintiff may, by written motion served on all parties and adjudication at a hearing with notice, seek to amend this final judgment to include said additional expenses.
9. On the filing of the Certificate of Title, the Clerk shall distribute the proceeds of the sale, so far as they are sufficient, by paying: first, all of the Plaintiff’s costs; second, documentary stamps affixed to the Certificate, unless the property is purchased by a third party bidder; third, Plaintiff’s attorneys’ fees; fourth, the total sum due to the Plaintiff, less the items paid, plus interest at the rate prescribed in Paragraph 4 from this date to the date of the sale; and by retaining any remaining amount pending further Order of this Court.
10. On filing of the Certificate of Title, defendant and all persons claiming under or against defendant since the filing of the Notice of Lis Pendens shall be foreclosed of all estate or claim in the property and the purchaser at sale shall be let into possession of the property, except as provided in the Protecting Tenants at Foreclosure Act of 2009 Pub. L. No. 111-22, 123 Stat. 1660. On filing of the Certificate of Sale, defendant’s right of redemption as provided by section 45.0315, Florida Statutes shall be terminated.
11. The Court finds, based upon the affidavits presented and upon inquiry of counsel for the Plaintiff, that _________ hours were reasonably expended by Plaintiff’s counsel and that and hourly rate of $________ is appropriate. PLAINTIFF’S COUNSEL CERTIFIES THAT THE ATTORNEY FEE AWARDED DOES NOT EXCEED ITS CONTRACT FEE WITH PLAINTIFF. The Court finds that there are no reduction or enhancement factors for consideration by the Court pursuant to Florida Patient’s Compensation v. Rowe, 427 So.2d 1145 (Fla. 1985).
OR
The Court finds, based upon the affidavits
presented and upon inquiry of counsel for the Plaintiff, that the flat fee of
$_________ is reasonable and appropriate for the Plaintiff's counsel’s
attorney’s fees. The Court finds that there are no reasons for either
reduction or enhancement pursuant to Florida Patient's Compensation Funds v.
Rowe 472 So.2d 1145 (Fla. 1985), and the Court therefore has awarded
reasonable attorney's fees in the amount indicated in Paragraph 3 of this
Judgment.
12. IMPORTANT INFORMATION PROVIDED pursuant to section 45.031, Florida Statutes:
IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION,
THERE MAY BE ADDITIONAL MONEY FROM THE SALE AFTER PAYMENT OF PERSONS WHO ARE
ENTITLED TO BE PAID FROM THE SALE PROCEEDS PURSUANT TO THIS FINAL
JUDGMENT.
IF YOU ARE A SUBORDINATE LIEN HOLDER
CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, YOU MUST FILE A CLAIM WITH
THE CLERK NO LATER THAN 60 DAYS AFTER THE SALE.
IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING
FUNDS.
If the property has qualified for the homestead tax exemption in the most recent approved tax roll, also include the following two paragraphs:
IF YOU ARE THE PROPERTY OWNER, YOU MAY
CLAIM THESE FUNDS YOURSELF. YOU ARE NOT
REQUIRED TO HAVE A LAWYER OR ANY OTHER REPRESENTATION AND YOU DO NOT HAVE TO
ASSIGN YOUR RIGHTS TO ANYONE ELSE IN ORDER FOR YOU TO CLAIM ANY MONEY TO WHICH
YOU ARE ENTITLED. PLEASE CHECK WITH
EITHER THE PINELLAS CLERK OF CIRCUIT COURT AT 315 COURT STREET, CLEARWATER, FL 33756,
(727) 464-7000, OR THE PASCO CLERK OF CIRCUIT COURT AT 38053 LIVE OAK AVENUE,
DADE CITY, FL 33523, (352) 521-4517 OR 7530 LITTLE ROAD, NEW PORT RICHEY, FL
34654, (727) 847-8176 WITHIN TEN (10) DAYS AFTER THE SALE TO SEE IF THERE IS
ADDITIONAL MONEY FROM THE FORECLOSURE SALE THAT THE CLERK HAS IN THE REGISTRY
OF THE COURT.
IF YOU DECIDE TO SELL YOUR HOME OR HIRE
SOMEONE TO HELP YOU CLAIM THE ADDITIONAL MONEY, YOU SHOULD READ VERY CAREFULLY
ALL PAPERS YOU ARE REQUIRED TO SIGN, ASK SOMEONE ELSE, PREFERABLY AN ATTORNEY
WHO IS NOT RELATED TO THE PERSON OFFERING TO HELP YOU, TO MAKE SURE THAT YOU
UNDERSTAND WHAT YOU ARE SIGNING AND THAT YOU ARE NOT TRANSFERRING YOUR PROPERTY
OR THE EQUITY IN YOUR PROPERTY WITHOUT THE PROPER INFORMATION. IF YOU CANNOT AFFORD TO PAY AN ATTORNEY, YOU
MAY CONTACT A LEGAL SERVICES OFFICE, SUCH AS:
GULFCOAST LEGAL SERVICES, INC., 314 S. MISSOURI AVE., SUITE 109,
CLEARWATER, FL 33756, (727) 443-0657 / COMMUNITY LAW PROGRAM, 501 FIRST AVE N.,
ROOM 511, ST. PETERSBURG, FL 33701 / BAY AREA LEGAL SERVICE, INC., 2600 MARTIN
LUTHER KING, JR. ST N., SUITE 401, ST. PETERSBURG, FL 33704, (727) 490-4040 /
BAY AREA LEGAL SERVICE, INC., 37718 MERIDIAN AVENUE, DADE CITY, FL 33532 (352)
567-9044 / BAY AREA LEGAL SERVICE, INC., 8406 MASSACHUSETTS AVE, STE B-2, NEW
PORT RICHEY, FL 34653, (727) 847-5494 / OR THE FLORIDA BAR’S FLORIDA ATTORNEYS
SAVING HOMES toll-free hot line (866-607-2187) TO SEE IF YOU QUALIFY
FINANCIALLY FOR THEIR SERVICES. IF THEY
CANNOT ASSIST YOU, THEY MAY BE ABLE TO REFER YOU TO A LOCAL BAR REFERRAL AGENCY
OR SUGGEST OTHER OPTIONS. IF YOU CHOOSE
TO CONTACT ONE OF THESE SERVICES FOR ASSISTANCE, YOU SHOULD DO SO AS SOON AS
POSSIBLE AFTER RECEIPT OF THIS NOTICE.
13. The
Plaintiff may assign the judgment and credit bid by the filing of an assignment
without further Order of the Court.
14. The Court retains jurisdiction of this action to enter further
Orders that are proper, including without limitation, Orders authorizing writs of possession and an award of attorney’s fees,
and to enter deficiency judgments if the borrower has not been discharged in
bankruptcy.
(ANY ADDITIONAL
PROVISIONS OR MODIFICATIONS TO THIS FINAL JUDGMENT SHOULD BE SET FORTH IN BOLD
TYPE AND CONSECUTIVELY NUMBERED PARAGRAPHS).
15. (Optional) The Mortgage Note is hereby re-established pursuant to Section 673.3091, Florida Statute.
DONE AND
ORDERED, in New Port Richey/Dade City, Pasco County /
St. Petersburg/Clearwater, Pinellas County, Florida on this ___ day of
___________________ 20___.
_____________________________
CIRCUIT JUDGE
Copies furnished to:
IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PASCO/PINELLAS COUNTY, FLORIDA
CIVIL DIVISION
Plaintiff(s), REF:
UCN:
v.
Defendant(s).
_______________________________________________________/
IMPORTANT NOTICE TO HOMEOWNER
A FORECLOSURE ACTION HAS BEEN FILED AGAINST YOU
YOU HAVE RIGHTS DURING THE FORECLOSURE
|
IF YOU DO NOT RESPOND TO THIS LAWSUIT, A FINAL JUDGMENT WILL BE
ENTERED AND YOUR HOME WILL BE SOLD AT A FORECLOSURE SALE. |
|
IF YOU WANT TO TRY TO SAVE YOUR HOME, YOU MUST RESPOND TO THIS LAWSUIT AS
DIRECTED IN THE SUMMONS. |
|
IN ADDITION, YOU MAY WANT TO ASK TO
PARTICIPATE IN MEDIATION. YOU MUST FILE A MOTION ASKING THE COURT TO
REFER THIS CASE TO MEDIATION. PLEASE
SEE BELOW. |
LEGAL RESOURCES
You are urged to get a lawyer to protect your rights and your home. You should find a lawyer even if you ask for mediation or other services. If you are able to afford a lawyer, you may contact the local Bar Associations lawyer referral services.
If you cannot afford an attorney, you may contact your local legal aid
or legal service provider.
Bay
Area Legal Services, Inc. (727)
490-4040 (352) 567-9044 www.bals.org
Community
Law Program (only Pinellas County) (727) 582-7480 www.lawprogram.org
Gulf
Coast Legal Services (only Pinellas County) (727) 821-0726 www.gulfcoastlegal.org
MEDIATION
You may ask to participate in
mediation in an attempt to resolve this matter.
If you want in good faith to attempt to come to an agreement with the
lender about this matter, you or your attorney should file a motion asking the
court to refer the case to mediation. You
must also respond to the lawsuit as directed in the summons.
Please review the Court’s website at www.jud6.org for more information about mediation of mortgage foreclosure cases and a form motion requesting mediation.
ATTACHMENT C – NOTICE TO HOMEOWNER
In addition, you may wish to
contact a Housing Counseling agency to find out more information.
HOUSING COUNSELING
Catholic Charities
Diocese of St. Pete (727)893-1313 www.thefloridacatholic.org/stp/stphp.php
City of St. Pete Housing & Community Dev.(727) 893-7247 www.stpete.org/housing/home_forclosure
Consumer Credit
Counseling Svc. (800) 984-0977 www.cccsfl.org
Homeowners Hope
Hotline (888)
995-4673 www.makinghomeaffordable.com,
or www.995hope.org,or www.hopenow.com
Housing &
Education Alliance (813) 261-5151 www.myhomeamerica.org
National Foundation
for Debt Management (727) 254-5353 www.nfdm.org
Solita’s House, Inc. (813) 425-4847
St. Pete Neighborhood Housing Svc. (727) 821-6897 www.stpetenhs.org
Tampa Bay Community Development Corp.(866) 608-3220
www.tampabaycdc.org
OTHER RESOURCES
2-1-1 Tampa Bay
Cares, Inc. 211 www.211tampabay.org
Clearwater
Neighborhood Housing Svc. (727)
442-4155 www.cnhs.biz
Pasco County Office of Management (727) 834-3445,
& Budget (352)521-4274
x3445 www.pascocountyfl.net
Pinellas County
Community
Development
Department (727) 464-8210 www.pinellascounty.org/community
The Florida
Department of Children and Families www.myflorida.com/accessflorida/
U.S. Dep. of Housing and Urban Development (HUD) (800) 225-5342 www.fha.gov
AVOID FORECLOSURE RESCUE SCAMS:
You
may be contacted by individuals or companies that claim they can save your home
from foreclosure. Please seek legal
advice before you sign any documents or pay money to anyone offering to save
your home from foreclosure. If you think
that you have been a victim of a foreclosure scam, you may call one of the
following numbers for assistance:
Florida
Department of Financial Regulation 1-800-342-2762
Federal
Trade Commission 1-877-382-4357
Office
of the Attorney General 1-866-966-7226
Consumer
Services Division of Florida Department of Agriculture 1-800-435-7352
Pinellas
County Justice & Consumer Services
(727) 464-6200 www.pinellascounty.org/consumer
One or more of the following
options may be available to help you save your home.
Reinstatement: Repayment of
the total amount that you are behind in a lump sum payment.
Forbearance: Temporary reduction or suspension of your
mortgage payments.
Repayment Plan: Agreement that
allows the homeowner to repay the amount that you are behind gradually while
making your regularly scheduled monthly payments.
Loan Modification: Written
agreement that permanently changes one or more of the original terms of your
mortgage to make the payments more affordable.
Short Sale: Lender may
allow you to sell the home for less than the total amount owed on the
mortgage. If the lender agrees to the
short sale, the remaining portion of the mortgage that exceeds the net proceeds
from the sale will be written off by the lender.
Deed-in-lieu of Foreclosure: Lender will
cancel the mortgage if the homeowner voluntarily transfers the title of the
property to the mortgage lender.
IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PASCO/PINELLAS COUNTY, FLORIDA
CIVIL DIVISION
Plaintiff(s),
v. REF:
UCN:
Defendant(s).
____________________________________/
PLAINTIFF/LENDER’S CONTACT INFORMATION
The following information is provided if you wish to speak to a representative of the Lender regarding resolution of this matter and the current amount alleged to be currently owed by you on this obligation.
Lender’s Name:
Phone Number:
Fax Number:
Address:
For more information, please contact the lender at the above phone number and address.
Attachment D –
PLAINTIFF/LENDER’S CONTACT INFORMATION
IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PASCO/PINELLAS COUNTY, FLORIDA
CIVIL DIVISON
Plaintiff(s),
v. REF:
UCN:
Defendant(s).
____________________________________/
CERTIFICATION OF NO TENANTS
I HEREBY CERTIFY that there are no tenants or persons in possession of the subject property other than the mortgagor, or the child, spouse, or parent of the mortgagor.
I further certify that this motion does not seek an order that violates such persons’ right to continued occupancy under the Federal Protecting Tenants at Foreclosure Act.
This ___ day of _________________, _____.
____________________________________
Attorney Name
Address
Direct telephone number:
Florida Bar No.
ATTACHMENT E – CERTIFICATION OF NO TENANTS
IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PASCO/PINELLAS COUNTY, FLORIDA
CIVIL DIVISION
Plaintiff(s),
v. REF:
UCN:
Defendant(s).
____________________________________/
CERTIFICATION OF NOTICE TO TENANTS
I HEREBY CERTIFY that tenants in possession of the property have been provided with notice as required by the Federal Protecting Tenants at Foreclosure Act, Pub. L. No. 111-22, 123 Stat. 1660.
I further certify that this motion does not seek an order that violates the tenants’ right to continued occupancy under the Federal Protecting Tenants at Foreclosure Act.
This ___ day of _________________, _____.
____________________________________
Attorney Name
Address
Direct telephone number:
Florida
Bar No.
IN
THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT, IN
AND
FOR PASCO/PINELLAS COUNTY, FLORIDA
Plaintiff(s), Case
No. ___________________________
vs.
Defendant(s).
_________________________________________/
DEFENDANT’S
MOTION FOR MEDIATION
IN
MORTGAGE FORECLOSURE ACTION
Defendant respectfully
moves this Honorable Court to refer this case to mediation based upon section
44.102(2)(b), Florida Statutes, and states: (please check all that apply):
□
I currently live in my home which is homestead
property and which is the subject of a mortgage foreclosure action in this
case.
□
I have filed a responsive pleading
(e.g., Answer or Motion to Dismiss) in this case.
□
I have met with a foreclosure counselor
regarding my homestead property (see Help Available for Homeowners Facing Foreclosure for information on foreclosure counselors).
□
I
have tried to contact the lender in this case but have been unsuccessful.
□
Other: __________________________________________________________________
____________________________________________________________________________________________________________________________________________________________
CERTIFICATE OF
SERVICE
I
HEREBY CERTIFY that a copy hereof has been furnished by mail/hand
delivery/personal service to the
persons listed below this _____ day of ______________, 20___.
Plaintiff’s
Attorney
Name______________________________
Address____________________________
___________________________________
Telephone
No._______________________
DATED:____________________________
________________________________________
Signature
of party signing certificate and pleading
Printed
name_____________________________
Address_________________________________
________________________________________
Telephone No. ____________________________
ATTACHMENT G - DEFENDANT’S
MOTION FOR MEDIATION