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40 verbatim requirements from administrative order 2012-06-04 - Amended Administrative Order Governing Residential Foreclosure Mediation Procedures, Orange County.
9th Judicial Circuit. Procedural information only; not legal advice.
Verbatim from https://ninthcircuit.org/sites/default/files/AO2012-06-04%20ADAC.pdf, harvested 2026-07-25; whitespace normalised only. • This Administrative Order shall continue to apply to all residential homestead foreclosure cases filed beginning 12:01 a.m. on April 23, 2012, until further notice from the Chief • This Administrative Order shall apply to (1) all residential mortgage foreclosure actions filed in Orange County in which the origination of the note and mortgage sued upon was subject to the provisions of the Federal Truth in Lending Act, Regulation • The parties to the foreclosure action shall comply with the conditions and requirements imposed by this Order. • Upon the effective date of this Order, as specified herein, all newly filed mortgage foreclosure actions filed against a homestead residence or residential lien foreclosure actions filed against a homestead residence in which the plaintiff is a homeowner association, community association, or condominium association shall be referred to the Orange County Residential • In actions to foreclose on a homestead residence, the plaintiff and defendant shall attend at least one mediation session, unless: • Upon the original effective date of this Order, all newly filed residential foreclosure actions involving property that is not a homestead residence shall comply with the requirements of filing a Form A as required by paragraph 6 below. • A party requesting that the case be sent to mediation with the RFMP Program at the discretion of the presiding judge shall make the request in the format of Exhibit 3 attached. • When a case is deemed ineligible for mediation due to one of the above specified reasons, the Program Manager shall file a Notice of Non-Participation with the Court and serve copies of such Notice to all parties. • Mediation through the RFMP Program shall be conducted in accordance with Florida Rules of Civil Procedure and Florida Rules for Certified and Court- • The parties must comply with this Order and the mediation process must be completed before the plaintiff applies for default judgment, a summary judgment hearing, or a final hearing in an action to foreclose a mortgage or lien on a homestead residence unless a Notice of Non-Participation is filed by the Program Manager. • Order, in all actions to foreclose a mortgage or lien on residential property the plaintiff shall attach to the summons to be served on each defendant a notice regarding managed mediation for homestead residences in the format of Exhibit 2, in both English and Spanish, attached. • The clerk of court shall provide a daily list of each homestead foreclosure filing, with the case number, to the Program Manager. • When suit is filed, counsel for the plaintiff must file a completed Form A with the Clerk of Court. • If the property is a homestead residence, -- 5 of 40 -- 6 all certifications in Form A must be filled out completely. • A is filed with the Clerk of Court, counsel for plaintiff shall also mail a copy of Form A to the • The contact information must include at a minimum the last known mailing address and phone number for each note signer/title holder. • Within five (5) days after Form A is filed with the Clerk of Court, counsel for the plaintiff shall send a check or money order made payable to the Orange County Bar • The check must match the information provided on Form A and the court case number must be included on the check. • Counsel for the plaintiff shall also send all defendants, at defendant’s last known mailing address, a copy of the complaint, a copy of the summons and a copy of Exhibit 2 of this Order, Notice of RFMP Program to be Served with Summons, in both English and • In Form A, plaintiff’s counsel must affirmatively 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, plaintiff’s counsel must also affirmatively certify whether the property is a homestead -- 6 of 40 -- 7 residence. • At least one of the plaintiff’s representatives designated in Form A must attend any mediation session scheduled pursuant to this Order. • Form A may be amended to change the designated plaintiff’s 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 must be transmitted to the Program Manager via a secure dedicated e-mail address no later than one (1) business day after being filed with the Clerk of Court. • Within five (5) business days of the complaint filing date, or date of the court order referring the case to the RFMP Program, (see Exhibit 7),1 the plaintiff must submit Form A, provide the defendant’s contact information and pay the Program Manager the $100.00 payment. • In the event of plaintiff non-compliance, the timeline shall begin from the date of plaintiff’s full compliance. • Full compliance shall consist of: completed Form A, payment of fees, court/clerk case number and contact information as specified in paragraph 6 of this Order. • Program Manager, the Program Manager shall begin efforts to contact the defendant to explain the 1 Cases that are initiated by referral to the Program by Court Order will follow the same timeline as cases subject to mandatory referral to this Program pursuant to this Administrative Order. -- 7 of 40 -- 8 • RFMP Program to the defendant and the requirements that the defendant must comply with to obtain a mediation. • The Program Manager shall also ascertain whether the defendant wants to participate in the RFMP Program. • The defendant must do the following prior to mediation being scheduled: • When the Program Manager receives all of the documents on the List from defendant, the Program Manager shall transmit the documents to counsel for plaintiff via e-mail. • RFMP Program, or if the defendant fails or refuses to cooperate with the Program Manager, or if the Program Manager is unable to contact the defendant, or the case is a matter subject to removal for one of the stated ineligibility categories described fully in Paragraph 2, the Program Manager shall file a Notice of Non-Participation in the format of Exhibit 4 attached. • Participation shall be filed after the forty (40) day defendant contact period has expired, or as soon as the Program Manager has been notified that defendant affirmatively opts out of the RFMP • Notice of Non-Participation shall be served on the parties by the Program Manager. • The Program Manager shall be responsible for encouraging the defendant to seek foreclosure counseling prior to scheduling mediation. • Program Manager shall advise any defendant who is not represented by an attorney that the defendant has the right to consult with an attorney at any time during the mediation process and the right to bring an attorney to the mediation session. • The Program Manager shall also advise the defendant that the defendant may apply for a volunteer pro bono attorney in programs run by lawyer referral, legal services, and legal aid programs as may exist within this Circuit. -- 9 of 40 -- 10 • If the defendant applies to one of those agencies and is coupled with a legal services attorney or a volunteer pro bono attorney, the attorney shall file a notice of appearance with the clerk of the court and provide a copy to the attorney for the plaintiff and the Program Manager. • The appearance may be limited to representation only to assist the defendant with mediation but, if a defendant secures the services of an attorney, counsel of record must attend the mediation.
This Administrative Order shall continue to apply to all residential homestead foreclosure cases filed beginning 12:01 a.m. on April 23, 2012, until further notice from the Chief
Reviewer note: Order PDF sha256: 8999e18cbbecbfdd24d18440671523f85158ea4f14541098ff818ad196ffadd0. Extracted from the order's own text layer.
Judge Bell caps motions and responses at 5 pages for UMC hearings and 12 pages for special-set hearings.
Judge Alijewicz requires every motion for attorney's fees and/or costs to attach a document detailing time records — no records, no fee award.
Judge Corlew bars informal contact: every communication with the Court must be in writing, filed with the Clerk, with copies furnished to all parties — and no calls to the JA to schedule or cancel UMC.