Jimerson Firm

DECEMBER 8, 2020

The Florida Supreme Court has published the proper form to use when seeking a final judgment of foreclosure: Form 1.996(a), Final Judgment of Foreclosure (8-18-20). Last year, the Form was amended again to add a reference to Section 83.561, Florida Statutes and the rights of a tenant occupying foreclosed residential property.

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Jimerson Firm

AUGUST 24, 2020

If a defendant fails to appear at the show cause hearing, provide defenses, or show good cause, the court will enter a final judgment of foreclosure. Immediately after the filing of the verified foreclosure complaint, any “lienholder” may request an order to show cause for the entry of final judgment. Request an Order to Show Cause.

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Jimerson Firm

OCTOBER 22, 2020

Then, if necessary, the parties will conduct discovery and the plaintiff will seek to end the lawsuit by filing a motion for summary judgment or setting the case for trial in the event there are factual issues in dispute. Issuance of a Final Judgment of Foreclosure. The Complaint to Foreclose the Mortgage. 2d 409, 410-11 (Fla.

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Jimerson Firm

JANUARY 14, 2021

There are essentially two types of orders to show cause afforded under Section 702.10, to wit: 1) an order requiring all defendants to show cause why a final judgment of foreclosure should not be immediately entered (Section 702.10(1)); 1), directs the defendants to show cause why a foreclosure judgment should not be entered.

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Jimerson Firm

OCTOBER 9, 2020

Form 1.996(c), Motion to Cancel and Reschedule Foreclosure Sale, was adopted because “many foreclosure sales set by the final judgment and handled by the clerks of court [were] the subject of vague last-minute motions to reset sales without giving any specific information as to why the sale [was] being reset. In re Amendments To The Fla.

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Jimerson Firm

AUGUST 7, 2020

While the traditional common law grounds for the appointment of a receiver remain, the Act also offers additional grounds and provides lenders with valuable options to protect their interests in the commercial property, including the right of receivership after judgment. 714.14, Fla. Conclusion. Authors: C. Ryan Maloney, Esq.

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Jimerson Firm

SEPTEMBER 28, 2020

If the defendant fails to file written defenses in the thirty (30) day period, the plaintiff can move for a default foreclosure judgment. If the court finds that the affidavit is defective, or the diligent search is deficient, then the foreclosure judgment will be void or voidable. Failure to Comply With Requirements. See Shepheard v.

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