Loading…
30 verbatim requirements from Fourth Circuit administrative order 2010-01 (a further document filed under the same order number).
Fourth Judicial Circuit (Duval). Procedural information only; not legal advice.
Verbatim from Fourth Circuit administrative order 2010-01 as published by the Duval County Clerk, harvested 2026-07-26; whitespace normalised only. • This Administrative Order shall apply to all residential mortgage foreclosure actions filed in the Fourth Judicial Circuit in which the origination of the note and mortgage sued upon was subject to the provisions of the Federal Truth in Lending Act, Regulation Z. • The parties to the foreclosure action shall comply with the conditions and requirements imposed by this Administrative Order. • Upon the effective date of this Administrative Order, all newly filed mortgage foreclosure actions tiled against a homestead residence shall be referred to the RMFM Program unless: • (a) the plaintiff and borrower agree in writing otherwise or (b) unless pre—suit mediation was conducted in accordance with paragraph 23. ln actions to foreclose a mortgage on a homestead residence, the plaintiff and borrower shall attend at least one mediation session unless: • Upon the effective date of this Administrative Order, all newly filed residential mortgage foreclosure actions involving property that is not a homestead residence shall file with the Court • A party requesting that the case be sent to mediation with the RMFM Program at the discretion of the presiding judge shall make the request in format of Exhibit 3 attached as page A-25 to Order No. • Mediators used in the RMFM Program shall be trained in accordance with the standards stated in Exhibit 12, attached as page A-59 to Order No. • RMFM Program shall be conducted in accordance with the Florida Rules of Civil Procedure and • The parties shall comply with this Administrative Order, and the mediation process shall be completed before the plaintiff applies for default judgment, a summary judgment hearing, or a final hearing in an action to foreclose a mortgage on a homestead residence unless a Notice of • After the effective date of this Administrative Order, in all actions to foreclose a mortgage on residential property, the Clerk of Court shall attach to the summons to be served on each defendant, a notice regarding managed mediation for homestead residences in the format of • When suit is filed, counsel for the plaintiff must file a completed Form A with the Clerk of Court. lf the property is a homestead residence, all certifications in Form A must be filled out completely. • Within one (l) business day after Form A is filed with the Clerk of Court, counsel for plaintiff shall electronically transmit a copy of Form A to the Program Manager along with the case number of the action and contact infomation for all of the parties. • The contact information must include, at a minimum, the last known mailing address and phone number for each party. • In Form A, plaintiffs counsel shall certify whether the origination of the note and mortgage sued upon was subject to the provisions of the Federal Truth in Lending Act, • In Form A, plaintiffs counsel shall certify whether the property is a homestead residence. • Plaintiff s counsel shall not respond to the certification with "unknown," "unsure," "not applicable," or similar nonresponsive statements. lf the property is a homestead residence and if the case is not exempted from participation in the RMFM Program because of pre—suit mediation conducted in accordance with paragraph 23 below, plaintiffs counsel shall further certify in Form A the identity of the plaintiffs representative who will appear at mediation. • At least one of the plaintiffs representatives designated in Form A shall attend any mediation session scheduled pursuant to this Administrative Order. • Form A may be amended to change the designated plaintiffs representative, and the amended Form A must be filed with the Court no later than five (5) days prior to the mediation session. • All amended Forms A shall be electronically transmitted to the Program Manager via a secure dedicated e-mail address or on the web—enabled information platform described in paragraph 8 no later than one (1) business day after being filed with the Clerk of Court. 5 -- 9 of 34 -- • All amended Forms A shall be electronically transmitted to the Program Manager via a secure dedicated e-mail address or on the web—enabled information platform described in paragraph 8 no later than one (1) business day after being filed with the Clerk of Court. 5 -- 10 of 34 -- • Upon the Program Manager receiving a copy of Form A, the Program Manager shall contact the borrower to explain the RMFM Program and the necessary compliance to obtain mediation. • The Program Manager then shall determine whether the borrower elects to participate in the RMFM Program. • Manager shall tile the Notice of Nonparticipation, Exhibit 4 (page A-27), with the Court and serve copies on the plaintiff and the borrower. • After electing to participate, and prior to mediation being scheduled, the borrower shall meet and receive counseling with an approved mortgage foreclosure counselor, and provide to the Program Manager the information required by the Borrower’s Financial Disclosure for • Unless a borrower elects not to participate, forty-five (45) days after a lawsuit is tiled, the plaintiff shall provide to the Program Manager a summary of payment and loan terms, a statement of the plaintiff s position on the present net value of the mortgage loan, and the most current appraisal of the property available to the plaintiff. • This information shall be provided to the mediator and to the borrower. • The Program Manager shall transmit to the mediator the Borrower’s Financial Disclosure for Mediation and the present net value information and appraisal received from the plaintiff via a secure dedicated e-mail address or to upload same to the web-enabled information platform described in paragraph 8 ; however, the Program Manager is not responsible or liable for the accuracy of the information transmitted. • The borrower must deliver a written request for such infomation to the Program Manager in the format of Exhibit 6 (attached as page A-43 to Order No. • AOSCO9-54) no later than twenty-five (25) days prior to the mediation session. • The Program Manager shall promptly electronically transmit the request for information to plaintiff s counsel.
This Administrative Order shall apply to all residential mortgage foreclosure actions filed in the Fourth Judicial Circuit in which the origination of the note and mortgage sued upon was subject to the provisions of the Federal Truth in Lending Act, Regulation Z.
Reviewer note: Order PDF sha256: 472df60bf7786dd5ba0d473f370744a6027efbbda990d059fd243bf3eeaec3c7. Extracted from the order's own text layer. One of several documents the Clerk publishes under order number 2010-01.
18 verbatim requirements from 5th Jud. Cir., M-2018-65 — sha256-hashed 2026-07-25.
13 verbatim requirements from 5th Jud. Cir., Interpreter Services – English — sha256-hashed 2026-07-25.
25 verbatim mandatory provisions from AO 2022-004.