IMPORTANT NOTICE TO ATTORNEYS FILING FORECLOSURE ACTIONS IN THE 12TH CIRCUIT

Administrative Orders 2008-14.1 and 2008-15.1, effective 12/1/2008 set forth new procedures and forms relating to foreclosure actions. They may change before the effective date of 12/1/08.  The order establish a homestead foreclosure conciliation program and procedures for processing all foreclosure cases, including checklists for summary procedures and mandatory electronic filing. Questions relating to E-Filing procedures and on-line sales of foreclosed properties should be directed to the Clerks of Sarasota or Manatee County: www.sarasotaclerk.com/ or www.manateeclerk.com/ 

Cases filed before 12/1/08 will be subject to the following transition rules:

The date JACS is accessed to schedule a hearing controls whether a case set for summary judgment will proceed under the new circuit rules or the old rules:

A. If by November 30, 2008, a party has accessed JACS and reserved a summary judgment or final hearing for a date occurring on or after December 1, 2008, the case may continue under the prior procedure. For example, if on November 14, 2008, hearing time was obtained for December 14, 2008, the case may proceed under the old rules. Foreclosure packets may continue to be sent to the judges for those cases, and the older checklists and summary judgment procedures may be used. E-Filing and the new Checklist may be used at any time at the option of the filing party.

B. For cases pending as of December 1, 2008, if JACS is accessed on or after December 1, 2008, and a summary judgment or final hearing date is scheduled, the requirements of this Administrative Order, including E-Filing, use of the standard form Final Judgment, and the new Foreclosure Checklist, shall apply. For example, on a case filed before December 1, 2008, if on December 4, 2008, the attorney accesses JACS and secures a hearing time for January 15, 2009, the case proceeds under the new rules. [However, note that cases filed before 12/1/08 are exempt from the Homestead Foreclosure Conciliation Program.]