Florida Mortgage Foreclosure and Compliance with Amendment 12

Florida Mortgage Foreclosure

On April 13, 2021, Florida Supreme Court Chief Justice Charles T. Canady issued an updated Administrative Order in response to the COVID-19 pandemic. [1] This Order is nicknamed “Amendment 12” and required every civil case filed in the State of Florida to submit a Case Management Order. Amendment 12’s intent was to mitigate the impact of COVID-19 while keeping courts open to encourage case resolution. Within these comprehensive guidelines were directives for all Florida Judicial Circuit Courts (20 total) to establish reporting requirements for all pending and subsequently filed civil cases in their respective Circuit. [2]  Amendment 12 defined “civil case” as any case identified in which the Florida Rules of Civil Procedure apply as identified in the Florida Rule of Civil Procedure 1.010. To maximize the resolution of cases, Amendment 12 instructed each Circuit Court to actively manage civil cases. Within these instructions required each civil case to be designated as (1) Streamline, (2) General or (3) Complex. In Florida, mortgage foreclosures have been labeled as streamline cases.

The Streamline Case Management Order, at a minimum, “shall also specify the projected date of trial; indicate that the deadlines established in the order will be strictly enforced by the court; indicate that a firm trial date will be ordered by the presiding judge when the case is at issue pursuant to Florida Rule of Civil Procedure 1.440; and address any other matters required by the chief judge.”[3] Moreover, Amendment 12 retroactively applies to all pending civil cases in the State of Florida. Amendment 12 defined a pending case as any civil case filed prior to April 30, 2021 and stated “subject to a statutory stay or a moratorium preventing the prosecution of the case, the case management order shall be issued [and] . . . shall address each deadline identified under Section III. G.(1)a.ii” [4]

Hire Experienced Florida Foreclosure Attorneys Today

Not following the Court’s Case Management Plan in a mortgage foreclosure could expose your case to a variety of implications. Thus, it is important to hire an experienced and well-established Florida law firm that follows and understands Amendment 12, especially as we see the foreclosure case volume increase as we head into 2022 as most Banks and Servicers have removed their COVID-19 Moratoriums. This will ensure your foreclosure case is not at risk for an unfavorable outcome. Reach out to our Tampa foreclosure attorneys for assistance with your case now.

[1] In re: COVID-19 Emergency Measures for Florida Trial Courts, Fla. Admin. Order No. AOSC20-23 Amendment 12 (April 21, 2021)

[2] https://www.flcourts.org/Resources-Services/Emergency-Preparedness/Administrative-Orders/Civil-Case-Management-Administrative-Orders

[3] Amendment 12

[4] Id.