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28 verbatim mandatory provisions from Judge Brace Mortgage Foreclosure Requirements.
First Judicial Circuit. Check the order's own effective and rescission dates before relying on it. Procedural information only; not legal advice.
Verbatim from the order's own text layer, harvested 2026-07-24; whitespace normalised only. No OCR was used. Only sentences containing mandatory language (shall, must, may not, no later than, within N) are reproduced — the full document is in custody and is the controlling text. • MORTGAGE FORECLOSURE REQUIREMENTS FOR JUDGE KEITH BRACE OKALOOSA COUNTY (Effective July 1, 2012) COUNSEL MUST APPEAR IN PERSON FOR ALL FORECLOSURE HEARINGS. • EFFECTIVE JULY 1, 2012, COUNSEL OF RECORD (HAVE FILED A NOTICE OF APPEARANCE IN THE CASE) MUST APPEAR FOR REPRESENTED PARTIES FOR ALL FORECLOSURE HEARINGS. 1 IT IS THE RESPONSIBILITY OF COUNSEL OF RECORD FOR THE PLAINTIFF TO EXAMINE THE COURT FILE PRIOR TO THE SCHEDULED HEARING ENSURING THAT ALL DOCUMENTS HAVE BEEN FILED (see checklist page 2) AND THAT THE FILE IS READY FOR THE HEARING. • HEARINGS SHALL ONLY BE CANCELLED WITH A MOTION AND ORDER FROM THE COURT. 1 Notice of Limited Appearance is not acceptable. • Should the Affidavit of Lost Note/Mortgage be found to be in proper form, the Final Judgment shall reflect in the last paragraph the following: “ Plaintiff herein agrees to indemnify and hold harmless Defendant (Borrower) from all loss, liability, costs, damages, reasonable attorney’s fees and expenses arising out of the representations made in the Affidavit of Lost Note/Mortgage.” q Copies of warranty deeds, as applicable. q Foreclosure Checklist for Final Hearing (Attachment 5) I. • The Foreclosure Packet containing the proposed Final Summary Judgment of Foreclosure/Final Judgment of Foreclosure, Notice of Sale, Foreclosure Sale Fee, Certificate of Sale, Certificate of Title and supporting affidavits shall be submitted directly to the court at the time of the hearing. • (Attachment 2) Any proposed final summary judgment must substantially conform to Form 1.996(a) (Final Judgment of Foreclosure), Florida Rules of Civil Procedure and Florida Statues 45.031. • The standard form must be revised to include the appropriate summary judgment language (and shall ensure all counts in the complaint are clearly addressed). • To assist the Court in easily identifying any changes (deletions or additions) to the standard Form 1.996 (a) beyond those identified above, the party submitting the proposed Final Summary Judgment shall in cover letter (attachment 1), identify and justify for the Court all changes to the standard form. b. • If more than $225.00 is claimed, proof of the additional amounts must be submitted (i.e. copy of the invoice from the entity rendering service and proof of payment must be attached). • In addition, the movant shall file a cover letter justifying for the Court the expenses which exceed the ordinary and reasonable charges prevailing in this area. c. • If more than $40.00 per person or entity is claimed, proof of the additional amounts must be submitted (i.e. copy of invoices and documentation regarding service of process and proof of payment must be attached). • In addition, the movant shall file a cover letter justifying for the Court the expenses which exceed the ordinary and reasonable charges prevailing in this area. d. • (Attachment 3) A completed Form 1.998 Final Disposition Form shall be submitted with the Final Judgment. e. • Form 1.996 (b)] Motions must be filed with the Clerk of Court and opposing counsel/party five (5) days prior to presenting to the court. 3 -- 3 of 15 -- a. • The Motion for Cancellation of Sale must constitute a genuine emergency, and be supported by meritorious reasons which fully apprise the Court of the circumstances; b. • Submission of a Motion for Writ of Possession and a copy of the certificate of title must be filed with the Clerk of Court and opposing counsel/party five (5) days prior to presenting to the court. b. • TOTAL $................... that shall bear interest at the rate of .....% a year. 2. • If the total sum with interest at the rate described in paragraph 1 and all costs accrued subsequent to this judgment are not paid, the clerk of this court shall sell the property at public sale on .....(date)....., to the highest bidder for cash, except as prescribed in paragraph 4, at the courthouse located at: 101 East James Lee Boulevard, in Okaloosa County in Crestview, Florida, in accordance with section 45.031, Florida Statutes., using the following method (CHECK ONE): □ At .....(location of sale at courthouse; e.g., north door)....., beginning at .....(time of sale)..... on the pre-scribed date. • Plaintiff shall advance all subsequent costs of this action and shall be reimbursed for them by the clerk if plaintiff is not the purchaser of the property for sale, provided, however, that the purchaser of the property for sale shall be responsible for the documentary stamps payable on the certificate of title. • If plaintiff is the purchaser, the clerk shall credit plaintiff‘s bid with the total sum with interest and costs accruing subsequent to this judgment, or such part of it as is necessary to pay the bid in full. 5. • On filing the certificate of title the clerk shall distribute the proceeds of the sale, so far as they are sufficient, by paying: first, all of plaintiff‘s costs; second, documentary stamps affixed to the certificate; third, plain-tiff‘s attorneys‘ fees; fourth, the total sum due to plaintiff, less the items paid, plus interest at the rate prescribed in paragraph 1 from this date to the date of the sale; and by retaining any remaining amount pending the further order of this court. 6. • On filing the certificate of sale, defendant(s) and all persons claiming under or against defendant(s) since the filing of the notice of lis pendens shall be foreclosed of all estate or claim in the property, except as to claims or rights under chapter 718 or chapter 720, Florida Statutes, if any. • Upon the filing of the certificate of title, the person named on the certificate of title shall be let into possession of the property. 7. • (if applicable) Plaintiff herein agrees to indemnify and hold harmless Defendant (Borrower) from all loss, liability, costs, damages, reasonable attorney’s fees and expenses arising out of the representations made in the Affidavit of Lost Note/Mortgage.” 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 THE FINAL JUDGMENT. 7 -- 7 of 15 -- IF YOU ARE A SUBORDINATE LIENHOLDER 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 being foreclosed on has qualified for the homestead tax exemption in the most recent approved tax roll, the final judgment shall additionally contain the following statement in conspicuous type:] IF YOU ARE THE PROPERTY OWNER, YOU MAY CLAIM THESE FUNDS YOURSELF. • Paragraph 1 must be varied in accordance with the items unpaid, claimed, and proven. • The address of the person who claims a lien as a result of the judgment must be included in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. • FINAL DISPOSITION FORM This form shall be filed by the prevailing party for the use of the Clerk of Court for the purpose of reporting judicial workload data pursuant to Florida Statutes section 25.075.
MORTGAGE FORECLOSURE REQUIREMENTS FOR JUDGE KEITH BRACE OKALOOSA COUNTY (Effective July 1, 2012) COUNSEL MUST APPEAR IN PERSON FOR ALL FORECLOSURE HEARINGS.
Reviewer note: Document sha256: 3c88bd252f6813dca1c8e1bb994dc1ba36c3844b5238443f18f8a82ae0dbe10e (203106 bytes). BenchPath harvested this circuit itself because no research corpus existed for it. Extraction is conservative: mandatory-language sentences only, so this rule is a faithful subset of the order, never a summary of it.
Florida follows the federal summary-judgment standard. The motion must be served at least 40 days before the hearing; the nonmovant's response is due no later than 20 days before the hearing.
How Florida procedural deadlines are computed: exclude the trigger day; count every day for periods of 7 days or more; for periods under 7 days, skip intermediate weekends and legal holidays; roll forward when the last day is a weekend or holiday.
Judge Siperstein requires every motion to be set within 5 days of filing and heard within 60 days, or it may be deemed abandoned.