h http://www.jud6.org/LegalCommunity/LegalPractice/AOSAndRules/aos/aos2013/2013-026w-attachlistforweb.htm
FFor each residential mortgage foreclosure case, the
Plaintiff/Lender’s attorney must:
a. File a verified
complaint in accordance with Florida Rule of Civil Procedure 1.110(b) and
§702.015, Fla. Stat. (2013).
b. File with the complaint
a verified Form A - Plaintiff’s Certificate.
If the case involves multiple plaintiffs, only one Form A - Plaintiff’s
Certificate must be filed. The Form A -
Plaintiff’s Certificate, which must be used, is Attachment A to this
Administrative Order. Previous versions
of Form A must not be used. The forms
and information needed by the Plaintiff/Lender should be listed in Form A and
uploaded to the web enabled information platform maintained by the Foreclosure
Program Manager. The forms should not be
filed with Form A and are not required to be served with Form A.
c. File with the complaint
a Form B - Notice to Homeowner, which contains information for the homeowner on
mediation, information on how to request mediation, the options that might be
available at mediation, and other resources for the homeowner. Form B – Notice to Homeowner, is Attachment B
to this Administrative Order. Previous
versions of Form B must not be used.
d. Within one business day
of the assignment of a case number but not later than five business days after the filing of the
foreclosure case, electronically upload to the web enabled information platform
maintained by the Foreclosure Program Manager, a verified Form A, with the forms
needed by the Plaintiff/Lender; the case number, including the section judge
number; and the contact information for the Plaintiff/Lender and the
Defendant/Borrower, including telephone numbers and email addresses if known.
2. The Clerk of the Circuit
Court shall not issue a summons in a residential mortgage foreclosure case until
a Plaintiff/Lender files a verified complaint, a Form A – Plaintiff’s
Certificate, and a Form B - Notice to Homeowner.
3. For every residential
mortgage foreclosure case filed, the process server must note on the return of
service that the summons was served with the complaint, Form A – Plaintiff’s
Certificate, and Form B - Notice to Homeowner.
II. MEDIATION
A.
Residential Mortgage Foreclosure Cases
1. Any party may file a
Motion for Mediation of a residential mortgage foreclosure case in accordance
with section 44.102, Florida Statutes, and Rules of Civil Procedure 1.700-
1.730. Attachment F-1,
Plaintiff/Lenders’ Motion for Foreclosure Mediation, or Attachment F-2,
Defendant/Borrower’s Motion for Foreclosure Mediation may be used to for that
purpose. Residential mortgage
foreclosure cases referred to mediation will be referred to Mediation Managers,
Inc., the Court’s contracted residential Foreclosure Program Manager.
2. For every residential
mortgage foreclosure case where a party files a Motion for Mediation or the
Court on its own motion decides to order a case to mediation and notifies the
Foreclosure Program Manager accordingly, the Foreclosure Program Manager
must:
a. Prepare an Order of Referral to Mediation and
provide it to the Court along with a Case Status Sheet as directed. A sample
Order of Referral is Attachment C to this Administrative Order. The Order of Referral may be modified by the
Court without amendment to this Administrative Order.
b. If issued by the Court, provide a copy of the
Order of Referral to the Plaintiff/Lender and Defendant/Borrower. Service may be made by e-mail in accordance
with Rule of Judicial Administration 2.516.
c. Assign a mediator unless the
parties:
(i) notify the
Foreclosure Program Manager in writing within 10 days of the service of the
Order of Referral that they have agreed upon a mediator other than through the
Foreclosure Program Manager, or
(ii) file a
joint stipulation with the Court with a copy to the Foreclosure Program Manager
requesting to opt out of mediation.
As permitted by
Rule of Civil Procedure 1.720(j) the appointment of mediators to foreclosure
cases will not be by strict rotation, but rather will be assigned by the
Foreclosure Program Manager. Only
certified circuit civil mediators who are trained in mortgage foreclosure cases
may be assigned by the Foreclosure Mediation Program.
d. Encourage the Defendant/Borrower to
participate in voluntary financial counseling.
e. If the Defendant/Borrower does not have an
attorney, inform the Defendant/Borrower of his or her right to consult with an
attorney and also advise of the availability of pro bono, lawyer referral, and
legal aid services.
f. Explain mediation procedures to the
Defendant/Borrower, time limits for participation in mediation, and the
consequences of non-compliance.
g. Collect the mediation fee of $650 from the
Plaintiff/Lender, except as otherwise provided in the Order of Referral.
h. In order to
prepare for mediation and reduce obstacles to communication in mediation, and
consistent with Florida Rule for Certified and Court-Appointed Mediators 10.220,
within 30 days from service of the Order of Referral,
(i) confirm with the Plaintiff/Lender that the
only forms and documents needed by the Plaintiff/Lender to participate in
mediation were identified in Form A. If
additional information or forms are needed by the Plaintiff/Lender to
participate in mediation, convey that information to the Defendant/Borrowers and
their attorney, if any.
(ii) obtain from the Defendant/Borrowers or their
attorney, if any, all the forms and information required by the Plaintiff/Lender
that are necessary to conduct the mediation.
(iii) submit the
forms and information provided by the Defendant/Borrowers to the
Plaintiff/Lender.
(iv) if the
Defendant/Borrower submitted Defendant/Borrower’s Request for Plaintiff/Lender’s
Disclosure for Mediation, which is Attachment D to this Administrative Order,
obtain the information from the Plaintiff/Lender and provide it to the
Defendant/Borrower.
These
preparations for mediation may be done in person, by telephone, or by electronic
submission as determined by the Foreclosure Program Manager. The Foreclosure Program Manager must provide
the forms and information by uploading them to a secure web platform, by
encrypted email, or by other secure means to protect the confidentiality of the
information.
i. Within 30 days from the submission of the
required documents to the Plaintiff/Lender, conduct a mediation conference. If the Plaintiff/Lender requests additional
information that was not identified in Form A or in subsequent communications to
the Foreclosure Program Manager, do not begin the mediation conference but
reschedule the mediation conference.
j. If the Plaintiff/Lender fails to appear at
the mediation conference, or appears at mediation but requests additional
information that was not identified in Form A or in subsequent communications to
the Foreclosure Program Manager, assess a $200.00 rescheduling fee.
k. Facilitate arrangements for the
Plaintiff/Lender’s representative to appear by telephone at the mediation
conference if authorized by the Court in the Order of Referral.
l. Ensure that the mediator’s report is timely
submitted to the Court;
m.
If the Defendant/Borrower has obtained a stay of the foreclosure
action from the United States Bankruptcy Court, suspend activities under the
Order of Referral. When the stay is
lifted, continue with the mediation process.
n. If the Defendant/Borrower does not timely
provide the information necessary to participate in mediation or does not appear
at mediation and does not cooperate in timely rescheduling the mediation, submit
a Notice of Defendant/Borrower Nonparticipation in the Foreclosure Mediation
Program to the Court, which is Attachment E to this Administrative Order.
o. If the Plaintiff/Lender does not timely
provide the forms and information necessary for mediation, does not provide the
Plaintiff/Lender’s Disclosure for Mediation, or does not appear at mediation and
does not cooperate in timely rescheduling the mediation, prepare an Order to
Show Cause for the Court as directed.
p. Prepare statistical reports to the Court as
required.
q. Notify the Court as directed of all cases
where a Notice of Defendant/Borrower Nonparticipation was filed and all cases
that reached impasse at mediation.
3. The Plaintiff/Lender,
Foreclosure Program Manager, information technology provider, and any other
third-party vendor must keep confidential all personal financial information and
any other protected information disclosed by the Defendant/Borrower. This information may not be released except
as authorized or permitted by federal or state law, or with the written consent
of the Defendant/Borrower, or as authorized by the Court. Any violation of this provision will subject
the violator to all available civil and criminal sanctions.
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