Notice Regarding Summary Judgment Hearings and Foreclosure Trials Set Before Senior Judges
All Summary Judgment hearings and Trials will go forward in person. The parties do not have to submit any evidence prior to the hearing but must be pre-marked and submitted to the case manager in open court for review and presentation to the judge (see below for further instructions). If filing the original note and mortgage with the clerk prior to the hearing please send email to firstname.lastname@example.org with at least 5 days notice to request the file from the Clerk. Plaintiff's counsel must appear in person to provide the Court with the necessary documents at the time of trial and are not permitted to appear via Zoom.
If you have a Summary Judgment Hearing or Foreclosure Trial set before the Senior Judge in Courtroom 4A, please read the following notice carefully.
Defendant's and/or Defendant's Counsel, who do not have any evidence to submit in open court, may appear via Zoom. Bank representatives and witnesses may also appear via Zoom. They may do so by an Agreed Court Order only. The Court Order should be submitted in a word format and attached to an email to the email@example.com email address. If you choose to appear 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 proved on the Court Order. Telephonic appearance is discouraged as you will waive the right to see and view any evidence submitted.
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.
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 submitted in open court on the day of the hearing.
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 will be submitted in open court in the following order:
- Summary Judgment Foreclosure Checklist (download) Include an attachment of adding machine tape.
- Updated completed Final Disposition Form - Florida Rules of Civil Procedure Form 1.998 (updated 1/1/2020) – with Final Judgment amount filled in and marked "Disposed by Non-Jury Trial".
- 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) – the first copy of the Final Judgment is to have a tab sign here sticky on the page of the sale date and the Judge's signature page.
- Original Note and Mortgage with a Notice of Filing as cover sheet (see directions below if already filed with the Clerk's office)
- Order Setting Hearing
- Payment History
- Affidavit of Indebtedness (including loan payment history)
- Affidavit of Attorneys' Fees
- Affidavit of Costs
- Opposing Affidavits (if any) [see FRCP 1.510]
- 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 disposing of the Trial or Motion for Summary Judgment 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.
If your witness is appearing via Zoom, make sure your witness has a device to attend the hearing and an appropriate location to sit during the 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, but not limited to:
- 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.
- Reinforce that even though the hearing is being conducted virtually, it is still a courtroom subject to the penalties of perjury or contempt.
- 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.
- 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.
- 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.
- 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 Summary Judgment hearings set in courtroom 4A with the Senior Judges 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 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 dissolved. All of the pending foreclosure cases (open and reopen cases) have been redistributed to the 12 Circuit Civil Divisions. See Administrative Order 3.302 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.
|Foreclosure Sales Information from the Palm Beach County Clerk
|Foreclosure Summary Judgment Checklist