Foreclosure

Notice Regarding Evidentiary Hearings
And Trials Set For July 2020 Before Senior Judges

If you have an Evidentiary Hearing or Foreclosure Trial set before a Senior Judge in Courtroom 4A in June 2020, please read the following notice carefully.

Your hearing will not take place in the courthouse and will be conducted using video conferencing via Zoom. You will need a computer or smart phone to attend via video conferencing (you may have to download the app). If you do not have video capability, you may appear telephonically using the phone number and meeting ID number e-served or mailed to each party.

If you have not received a notice by U.S. mail or e-service with the Zoom meeting ID and password, please email CAD-SRJDTrials@pbcgov.org for the call-in information. Please include the case number and the hearing/trial date in the subject line of the Email.

Note that multiple cases are scheduled for the same time; thus, all parties are requested to dial in at the scheduled time to avoid interruptions, and mute all lines until their case is called. The Court will call the docket and organize the hearings. The court may ask the parties to call back at a different time as to not make it necessary to remain on hold while other hearings are being heard. If asked to call-in at a later time during the day the Meeting ID number will be the same. Please be patient and continue to hold on the line until your case is called.

Evidence

All evidence must be pre-marked and originals submitted with any responses and papers upon which the parties intend to rely for their scheduled hearings. The Pre-marked Evidence/Hearing Notebooks and/or Final Judgment package must be received by the Court 7 days in advance of the hearing and addressed to:

Court Administration/Senior Judge
Daniel T.K. Hurley Courthouse, 4th floor
Attn: Foreclosure Case Managers
205 North Dixie Highway
West Palm Beach, FL 33401

A complete copy must be sent to all parties in the case either electronically or by U.S. mail.

If the hearing will result in the entering of a final judgment of foreclosure, the packet shall be submitted in the following order:

  • Motion or Notice for Trial
  • Foreclosure Checklist include an attachment of adding machine tape)
  • Payment History
  • Affidavit of Indebtedness (including loan payment history)
  • Affidavit of Attorneys' Fees
  • Affidavit of Costs
  • Opposing Affidavits (if any) [see FRCP 1.510]
  • Original Note and Mortgage with a Notice of Filing as cover sheet (see directions below if already filed with the Clerk's office)
  • Updated Final Disposition Form - Florida Rules of Civil Procedure Form 1.998 (updated 1/1/2020)
  • Final Judgment (format to comply with the requirements for recorded documents with 3 x 3 space and Florida Rules of Civil Procedure Form 1.996)
  • Four sets of self-addressed and stamped envelopes with return address: Clerk & Comptroller, Palm Beach County, P.O. Box 4667, West Palm Beach, Florida 33402-4667

Original Promissory Notes and Mortgages

If the original note (and mortgage) is in the Court file, please email CAD-SRJDTrials@pbcgov.org 5 days prior to the hearing to notify the Court that the Originals are in the court file. Case management will request the Clerk to send the file to the Judge. See also Administrative Order 3.311-04/12 regarding disposal of foreclosure trial exhibits.

Agreed Orders

Agreed Orders disposing of the Motion should be submitted timely to CAD-SRJDTrials@pbcgov.org. Agreed Orders to continue will not be entered by the senior judge.

Motions for Continuance

Any Motions for Continuance should be heard by the divisional Judge prior to the date of the hearing. An Order is required to remove a case from the docket. If a matter is continued, please email a copy of the Order canceling the trial or special set hearing to CAD-SRJDTrials@pbcgov.org.

Witnesses

Make sure your witness has a device to attend the hearing and an appropriate location to sit during hearing, free of distractions. Test your set up ahead of time to ensure there is no echoing or other technical issues. The Court can administer the oath pursuant to: AOSC20-16.

Advise witness of zoom courtroom procedure and etiquette such as:

  1. Witness shall not communicate with anyone during their testimony. This means no texting or chatting on any devise or talking to anyone physically in the room.
  2. Reinforce that even though the hearing is being conducted virtually, it is still a courtroom subject to the penalties of perjury or contempt.
  3. Rule of Sequestration. Advise the witness that if the rule is invoked, the witness will either be asked to log into zoom when it's their turn, or to sit in a zoom "waiting room" while the hearing is proceeding. Explain the rule.
  4. Please remind your witness that proper attire must be worn. They must be in a distraction free environment. No multi-tasking will be allowed. Remind them to turn off ringers and alerts that make noise. Make sure zoom displays the witness's proper name.
  5. Let the attorney or Judge finish speaking before answering questions. When an objection is made, stop talking and let the Judge rule on the objection. Mute microphone when not being addressed.
  6. Procedure for disconnection. Advise the witness to attempt to re-enter the meeting if they are inadvertently disconnected and instruct the witness to contact you by phone or e-mail for further instructions if they are unable to rejoin the zoom hearing.

This above information is only for the Trials and Evidentiary hearings set July 30, 2020 only. Do not attempt to use the call-in/Zoom meeting information for any other hearing type. Please continue to check the 15th Circuit's website for updates on this page.


Foreclosure

Foreclosure is the enforcement of a mortgage lien by judicial sale of the property. A mortgage lien is created when there is a loan contract for money borrowed under a note. This loan is secured by the mortgage lien upon real property. When the debt is not paid according to the loan contract terms, or when other contract terms are violated, the lender can pursue its lien on the property.

To enforce its mortgage lien, the lender must first file a foreclosure suit, prove its case, and obtain a final judgment. After entry of the foreclosure judgment, the note is cancelled and the lender is entitled to have the property sold and the proceeds applied to the foreclosure judgment. Upon issuance of the certificate of title, the purchaser acquires the right of possession which is enforceable by writ of possession.

Division AW has been disolved. All of the pending foreclosure cases (open and reopen cases) have been redistributed to the 12 Circuit Civil Divisions. See Administrative Order 3.302 pdf and for the list of cases and the new assigned division. If your case is in closed status, it will be reopened upon receipt and docketing of any post-judgment motions. The case will be reassigned to one of the twelve Circuit Civil divisions upon reopening. Please contact the Clerk of the Court if the case remains in closed status after the motion has been filed.

Resources

  Foreclosure Sales Information from the Palm Beach County Clerk
Foreclosure Summary Judgment Checklist
Devon Mugridge
Operations Manager
Phone
(561) 355-1868
Room
5th Floor