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6 verbatim requirements extracted from 13000-01__2025-03.pdf, across 3 topics.
Nineteenth Judicial Circuit (Indian River, Martin, Okeechobee, St. Lucie). Check the order's own effective and rescission dates before relying on it. Procedural information only; not legal advice.
HEARING TIME & ARGUMENT LIMITS • 2 EXHIBIT A I N THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR _________________ COUNTY, FLORIDA Plaintiff(s), CASE NO. v. Defendant(s). ___________________________________/ FINAL JUDGMENT OF FORECLOSURE T his action was heard before the court on [date of hearing] and on the evidence presented and being otherwise duly advised in the premises, I T IS ORDERED AND ADJUDGED that: 1. Motion Granted [or] Final Judgment. There is no dispute of material facts and Plaintiff’s motion for summary judgment is granted [or] Plaintiff is entitled to entry of final judgment [or] the parties have consented to entry of this final judgment. On the evidence presented, the Court finds Plaintiff proved its prima facie case for foreclosure: (1) execution of a note and mortgage; (2) breach of the note and mortgage; (3) acceleration; and (4) damages. Plaintiff had standing to foreclose pursuant to § 673.3011[(1), (2) or (3)], Florida Statutes. The Court further finds Defendants have not proven any avoidances to the entry of final summary judgment of foreclosure. 2. A mounts Due. Plaintiff, [plaintiff’s name and address], is due: Principal $.................. Interest on the note and mortgage from [date] to [date] .................... Per diem interest at [rate] % from [date] to [date] .................... Title search expense .................... Taxes .................... Insurance premiums .................... • Attorneys’ fees Finding as to reasonable number of hours ................... Finding as to reasonable hourly rate ................... Attorneys’ fees total ................... Court costs Filing fee .................... Service of Process at $ [amount] per defendant .................... Publication for [reason] .................... Additional Costs [list separately] ................... Subtotal (if applicable) $.................. LESS: Escrow balance ................... LESS: Unearned insurance premiums .................... LESS: Other [describe] .................... TOTAL $................... • 9. Right of Possession. On the filing of the certificate of title, the person named on the certificate of title must be let into possession of the property subject to the rights of a bona fide tenant occupying residential premises under the Federal Protecting Tenants at Foreclosure Act, 12 U.S.C. sec 5220, note, or section 83.5615, Florida Statutes. If any defendant or tenant remains in possession of the property, an Order Granting the Motion for Writ of Possession must be entered without further notice or hearing, subject to the purchaser’s compliance with Section 83.5615, Florida Statutes. • 10. Attorneys’ Fees. [If a default judgment has been entered against the mortgagor] Because a default judgment has been entered against the mortgagor and because the fees requested do not exceed 3% of the principal amount owed at the time the complaint was filed, it is not necessary for the court to hold a hearing or adjudge the requested attorneys’ fees to be reasonable. [If no default judgment has been entered against the mortgagor] The court finds, based upon the affidavits/testimony presented and upon inquiry of counsel for the plaintiff that .......... hours were reasonably expended by plaintiff's counsel and that an hourly rate of $ .......... is appropriate. Plaintiff’s counsel represents that the attorney’s fees awarded does not exceed its contract fee with the plaintiff. The court finds that there are no reduction or enhancement factors for consideration by the court under Florida Patients Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985). (If the court has found that there are reduction or enhancement factors to be applied, then such factors must be identified and explained herein). PROPOSED ORDERS • 1 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT I N AND FOR INDIAN RIVER, MARTIN, OKEECHOBEE, AND ST. LUCIE COUNTIES, STATE OF FLORIDA ADMINISTRATIVE ORDER 2025-03 (Superseding Administrative Orders 2017-05 Third Amended, 2017-05 Second Amended, 2017-05, Amended, 2017-05, and 2015-07) IN RE: FINAL JUDGMENT ORDER FORM IN FORECLOSURE CASES WHEREAS, the Florida Supreme Court has adopted Florida Rules of Civil Procedure 1.900 and form 1.996(a) to include the proposed Final Judgment of Foreclosure; WHEREAS, it is necessary that final judgments of foreclosure conform with section 28.241(1)(a)2.c., Florida Statutes, providing that the court shall identify the actual value of the claim in its final order of disposition, section 45.031, Florida Statutes as it relates to identifying actual claim values and surplus funds, and Florida Rules of Civil Procedure 1.510(a), requiring the trial court to state the reasons for granting or denying the summary judgment motion on the record; NOW, THEREFORE, pursuant to the authority vested in me as Chief Judge of the Nineteenth Judicial Circuit under Florida Rule s of General Practice and Judicial Administration 2.215, it is hereby: ORDERED as follows: 1. All submitted proposed Final Judgements of Foreclosure shall be in the same or similar format as the form attached hereto as Exhibit “A”. 2. E xhibit “A”, is in conformity with section 28.241(1)(a)2.c., Florida Statutes, section 45.031, Florida Statutes, and Florida Rules of Civil Procedure 1.510(a). 3. T his Order supersedes the previous orders as follows: 2017-05 Third Amended Modification of Final Judgement Order Form in Foreclosure Cases, 2017-05 Second Amended Modification of Final Judgement Order Form in Foreclosure Cases, 2017-05 Amended Modification of Proposed Final Judgement of Foreclosure in Residential Foreclosure Cases, and 2015- 07 Residential Foreclosure Cases. DONE AND ORDERED on this 10th day of February 2025 at Ft. Pierce in St. Lucie County, Florida. FILING & INITIATION • 5. Sale of Property . If the total sum with interest at the rate described in paragraph 2 and all costs accrued subsequent to this judgment are not paid, the clerk of this court must sell the property at public sale on _________________________, 20__ to the highest bidder for cash, except as prescribed in paragraph 6, by electronic sale at [Indian River beginning at 10:00 a.m.] www.indian-river.realforeclose.com [St. Lucie beginning at 8:00 a.m.] https://stlucie.realforeclose.com [Martin beginning at 10:00 a.m.] www.martin.realforeclose.com [Okeechobee beginning at 11:00 a.m.] https://okeechobee.realforeclose.com in accordance with section 45.031, Florida Statutes. The public sale must not be postponed or canceled without a court order. All orders postponing or canceling the sale must be filed with the clerk of court no later than 5:00 p.m. five (5) business days before the sale date. Counsel for plaintiff must be certain that all sale and clerk fees are paid and that the original proof of publication is filed no less than five (5) business days before the sale date. Failure
1 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT I N AND FOR INDIAN RIVER, MARTIN, OKEECHOBEE, AND ST. LUCIE COUNTIES, STATE OF FLORIDA ADMINISTRATIVE ORDER 2025-03 (Superseding Administrative Orders 2017-05 Third Amended, 2017-05 Second Amended, 2017-05, Amended, 2017-05, and 2015-07) IN RE: FINAL JUDGMENT ORDER FORM IN FORECLOSURE CASES W HEREAS, the Florida Supreme Court has adopted Florida Rules of Civil Procedure 1.900 and form 1.996(a) to include the proposed Final Judgment of Foreclosure; WHEREAS, it is necessary that final judgments of foreclosure conform with section 28.241(1)(a)2.c., Florida Statutes, providing that the court shall identify the actual value of the claim in its final order of disposition, section 45.031, Florida Statutes as it relates to identifying actual claim values and surplus funds, and Florida Rules of Civil Procedure 1.510(a), requiring the trial
Reviewer note: Document sha256: 5b7456947eda3b7468d9f4c55012ddcf35523e0738a85e6fcca37142bf2bbcbb. One rule per order rather than per topic, so an order's requirements stay together. Published during the completeness pass. Text layer cleaned 2026-09-08 (Phase 3g): 7 kerning-split words rejoined; wording untouched. Verbatim from the order, captured 2026-07-24; whitespace normalised only. No OCR was used anywhere in this chain. [moved from the text 2026-09-14]
4 verbatim requirements on hearings.
2 verbatim requirements on hearing time in LAUREN N. PEFFER's division.