Foreclosures

12th Judicial Circuit Foreclosure Information

The Statewide Foreclosure Reduction Initiative ends on June 30, 2015.  Effective July 1st, all foreclosure cases will be heard by the circuit civil division judge (Divisions A, B, C, and D) that the case is assigned to.  Please review the specific information below regarding Manatee and Sarasota County foreclosures, and please read each Judge’s Requirements before setting hearings or calling the Judicial Assistant.

County Specific Foreclosure Information

Contact Information

DeSoto County: (863) 993-4644

Judge's Requirements

Requirements for Judge Danielle Brewer

Scheduling Foreclosure Hearings

Schedule a Hearing on JACS

Related Links
Announcements

Effective December 1, 2015, both division judges will have their own foreclosure calendar on JACS for you to schedule foreclosure motion hearings.

Hearings should be scheduled on the following JACS calendars:

Important Information Before You Send a Trial Notice

Please read the Foreclosure Non-Jury Trial Requirements

Foreclosure trials are heard one day per month by a senior judge. After you properly file a trial notice you will receive an order setting the case for trial.

Contact Information Regarding Trials Only

Bailey Smith

Judge's Requirements

All foreclosure motion hearings are being heard by the circuit civil division judges.  Please review the Judge’s Requirements for each judge, as there is specific information for setting foreclosure hearings there. 

Scheduling Foreclosure Hearings

Schedule a Hearing on JACS

Related Links

Sarasota County Foreclosure Trial Information

Administrative Order 2020-15b.1 was entered August 6, 2020 regarding the limitations to foreclosure case.

The order provides:

  • Commercial mortgage foreclosures – No longer suspended and may proceed to trial, summary judgment, final judgment and sale. Certificate of title may be issued. The court may enter default judgments and sign writs of possession in these cases.
  • Foreclosure actions unrelated to non-payment of single-family mortgages; Foreclosure actions related to non-payment of single family mortgages in which no claim of adverse effects of COVID-19 appears in the pleadings; and Foreclosure actions related to non-payment of single-family mortgages in which a default was entered – No longer suspended and may proceed to trial, summary judgment, final judgment and sale.  Certificates of title may be issued. The court may enter default judgments and sign writs of possession in these cases.
  • Foreclosure actions for non-payment of single-family mortgages where the borrower asserts an adverse effect due to COVID-19 under EO 20-180 in a pleading – These actions may be filed, summonses issued, and all hearings up to the entry of a final judgment may occur. All summary judgments, final hearings and trials are hereby suspended, unless all parties agree in writing that they wish to proceed to final judgment and sale.  If the parties agree, these cases may proceed to trial, summary judgment, final judgment and sale.  Thereafter, certificates of title and writs of possession may be issued. 
  • Parties in a foreclosure action for non-payment of single family mortgages wishing to reschedule a foreclosure sale that has been suspended, to a date past September 1, 2020, should contact the presiding judge’s office for their specific division requirements.
  • Nothing in the order relieves an individual from his or her obligation to make mortgage payments. All payments, including tolled payments are due when an individual is no longer adversely affected by the COVID-19 emergency, as per Executive Order 20-180.

Should a case qualify for summary judgment, trial or sale pursuant to current AO and the federal moratoria provisions, the plaintiff should file a motion stating the specific reasons for consideration by the assigned judge.

Requirements

Please thoroughly read the requirements for both of the circuit civil division judges, the general civil magistrate and the Sarasota County Foreclosure Requirements.

Scheduling Hearings
Forms
Calendars
Related Links

Rules of Professional Conduct and Judicial Administration for Foreclosure Cases

Attorneys shall make reasonable efforts to expedite litigation consistent with the interests of their client. A lawyer shall act with reasonable diligence and promptness in representing a client. R. REGULATING FLA. BAR – 4-3.2 and 4-1.3.

Judges and lawyers have a professional obligation to conclude litigation as soon as it is reasonably and justly possible to do so. FL. R. JUD. ADMIN. – 2.545.

A trial judge must take specific steps to monitor and control the pace of litigation, including 1) implementing necessary docket control policies to advance priority cases to ensure prompt resolution, and 2) advancing the trial setting of older cases. FL. R. JUD. ADMIN. – 2.545.

In general, a presumptively reasonable time period for completion of a Civil Non-Jury case should be roughly 12 months (from filing to final disposition).  FL. R. JUD. ADMIN.  – 2.250.

Cancellation or continuances of hearings and trials affects judicial economy and contributes to the backlog, therefore “Calendar Conflicts” which are not in strict compliance with FL. R. JUD. ADMIN. 2.550 (c) will NOT be considered.

It is with these rules in mind that the 12th Circuit developed and implemented the practices and procedures set forth herein.

Foreclosure Administrative Orders