Loading…
8 verbatim requirements extracted from 13005-01__2025-03-Amended.pdf, across 4 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.
Verbatim from the order, captured 2026-07-24; whitespace normalised only. No OCR was used anywhere in this chain. EXHIBITS & EVIDENCE • 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. Exhibit “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). • 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. HEARING TIME & ARGUMENT LIMITS • This action was heard before the court on [date of hearing] and on the evidence presented and being otherwise duly advised in the premises, • 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 $................... • 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 enha ncement factors to be applied, then such factors must be identified and explained herein). PROPOSED ORDERS • AMENDED ADMINISTRATIVE ORDER 2025-03 (Superseding Administrative Orders 2017-05 Third Amended, 2017-05 Second Amended, 2017-05, Amended, 2017-05, and 2015-07) FILING & INITIATION • 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 to timely file the original proof of publication of the notice of sale and pay the sale and clerk fees will stop the sale. Additionally, the failure of plaintiff’s counsel to pay the sale fee and properly and timely publish the notice of sale may result in sanctions against the plaintiff, plaintiff’s counsel individually, and the law firm representing the plaintiff. Any electronic sale by the clerk must be in accordance with the written administrative policy for electronic sales published by the clerk at the official website for the clerk and posted in the public areas of the clerk’s offices.
AMENDED ADMINISTRATIVE ORDER 2025-03 (Superseding Administrative Orders 2017-05 Third Amended, 2017-05 Second Amended, 2017-05, Amended, 2017-05, and 2015-07)
Reviewer note: Document sha256: 7f039cefc8b365e489f9fc18d6adf95540fffe16b2c7faecd9cd1f7138db1c97. One rule per order rather than per topic, so an order's requirements stay together. Published during the completeness pass. | Title normalised 2026-07-26 for readability; the court's own asset name was "19th Cir. — 13005-01__2025-03-Amended.pdf: published requirements". Only the display title changed — the requirement text, source URL and hash are untouched.
Judge Miller: exhibits for remote hearings must be premarked and physically delivered (U.S. mail or courthouse drop box) at least three business days out or they are not considered — e-mailed exhibits are refused, and evidentiary hearings are never remote.
2 verbatim requirements published by Palm Beach Division FC on exhibits.