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29 verbatim mandatory provisions from OCAD 2010-07 MORTGAGE FORECLOSURES.
First Judicial Circuit. Check the order's own effective and rescission dates before relying on it. Procedural information only; not legal advice.
• NOW, THEREFORE, it is ORDERED that the following procedures shall be in force in Okaloosa County on or after October 1, 2010; • However, when their clients are parties to a commercial or residential foreclosure, attorney’s defending a commercial or residential foreclosure and attorneys representing homeowner associations, condominium or cooperative associations, and government entities with liens are required to file all defensive motions and pleadings in accordance with procedure set forth herein. • This directive does not regulate the filing of motions or pleadings in foreclosure cases by pro se litigants who are required to comply with all applicable Florida Rules of Civil Procedure. I. • Standard Form Final Judgment Required All Final Judgments shall be based on Supreme Court Form 1.996(a), unless specifically directed otherwise by the assigned Judge. • Any changes from the Supreme Court Form shall be emphasized so as to be promptly evident to the assigned Judge. • Hearing time for motions for summary judgments in foreclosure cases shall not be reserved on the Judges calendars until the motion, with complete supporting documentation and proposed judgment, proposed notice of sale and Clerk’s sale fee, if not previously paid, is filed with the Clerk. • Updating Costs and Affidavits After Summary Judgment Hearing is Scheduled A complete foreclosure packet with such information as is currently available to plaintiff is required to have been filed prior to obtaining of hearing time. • Updated or amended documents are required to be in the Clerk’s possession at least five (5) business days prior to the hearing. 3. • All pleadings, including Summary Judgment Pleadings and Related Documents to be Sent to the Clerk’s office not Judge’s chambers After the effective date of this directive, parties seeking any action by the Court shall transmit the pleadings and any supporting documentation to the Clerk. The original Final Summary Judgment Package shall be hand delivered by counsel to the assigned Judge at the time of the hearing on the Motion for Summary Judgment. • Absent a direct request from the assigned Judge, no motions or supporting documents shall be sent to the Judges’ chambers, nor are copies of these papers to be sent to chambers, nor shall they be delivered to the Judges’ chambers by electronic or facsimile transmission. 4. • All requests to cancel Motion for Summary Judgment hearings shall be in writing and except for good cause shown, shall be signed by the party requesting the cancellation. • The motion shall be accompanied by a proposed order with copies and first class postage paid envelopes for all parties. • With each foreclosure case filed on or after October 1, 2010 the Plaintiff shall, in addition to the required filing fee, pay the Clerk’s sale fee at the time of filing. b. • For foreclosure cases filed before October 1, 2010 the Clerk’s sale fee shall be included as part of the motion for summary judgment package. c. • With any motion which includes a request to reschedule a foreclosure sale the Clerk’s sale fee and reopen fee, if required, shall be included as part of the motion package. 2. • All notices of foreclosure sale, in addition to the copies and envelopes required by the Rules of Civil Procedure and Rules of Judicial Administration, shall include a first class postage pre-paid envelope to the Newspaper, qualified pursuant to Florida Statutes Chapter 50, of the Plaintiff’s choice. b. • All notices of foreclosure sale, in addition to the contents required by Florida Statutes Chapter 45, shall include the following legend: • This legend shall be printed in no less that 14 point bold face type and be placed below the signature line for the Clerk on the notice of sale. c. • Supreme Court Form 1.996(b) shall be used when requesting to cancel and reschedule foreclosure sales. c. • Bankruptcy Code, no motion to cancel a foreclosure sale shall be submitted which does not include provisions to reschedule the sale. d. • In the event it becomes necessary to cancel a foreclosure sale on short notice, the original motion to cancel and proposed order shall be filed with the Clerk. • It is the obligation of counsel for the plaintiff to be certain that the motion is filed in a timely manner which is presumed to be not less than seven (7) days prior to the scheduled sale. • Legal Standards for Summary Judgment to Be Followed Parties seeking to foreclose a mortgage by summary judgment are required to establish through admissible evidence, that they hold the note and mortgage that is the subject of the action. • Documentation submitted with the motion must support the assertion of ownership. • BAC Funding Consortium, Inc. v Jean-Jacques, 28 So. 3d 936 (Fla. 2d DCA 2010) Moreover, in the typical case, to prevail on summary judgment there must be shown a clear chain of note ownership linking the originator of the loan to the party claiming ownership. • Payment of Fees Due to Clerk of the Circuit Court to be attached to pleading at time of Filing All fees due for any pleading shall be attached to the pleading at the time of filing the pleading with the Clerk of the Circuit Court. • CERTIFICATE OF COMPLIANCE WITH OCAD 2010-7 With each motion to which OCAD 2010-7 applies, Counsel shall file, at the same time the motion is filed, a certificate of compliance with the provisions of OCAD 2010-7, the form of which is attached hereto as Exhibit A. • The Certificate of Compliance shall be signed by Counsel as provided by Rule of Judicial Administration 2.515. • Effective Date Except as otherwise provided, the procedures set forth in this Administrative Directive shall be effective October 1, 2010.
NOW, THEREFORE, it is ORDERED that the following procedures shall be in force in Okaloosa County on or after October 1, 2010;
Reviewer note: Document sha256: 7f578abad83445f694fa438edda2b908922bfea5f95e9f7c134daefc27a5eaff (119531 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. Text layer cleaned 2026-09-08 (Phase 3a): page markers removed; wording untouched. 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. [moved from the text 2026-09-14]
A 2013 standing order requiring attorneys to e-file family-law and civil documents (no paper filings accepted) as the court began compliance with the Supreme Court's e-filing mandate; criminal filing unchanged.
A 2013 standing order requiring attorneys to e-file family-law and civil documents (no paper filings accepted) as the court began compliance with the Supreme Court's e-filing mandate; criminal filing unchanged.