Mortgage Foreclosures & Loan Workouts
Introduction
This research guide, which focuses mainly on Florida law, is designed to assist attorneys and homeowners who have questions about mortgage foreclosures and loan workouts. It primarily identifies resources available in the Law Library (in print or in subscription databases) and on the Internet. For additional materials, search the following Library of Congress subject headings on Baron, the Online Catalog: Foreclosure, Mortgage Loans, and Mortgages.
Encyclopedias
Encyclopedias tend to be the most general source of information with generous annotations to primary sources, such as cases and statutes. For an overview of Florida law, see:
Florida Jurisprudence 2d (Fla.Jur.2d), "Mortgages and Deeds of Trust," secs. 245 - 407 (Florida Collection, States Collection & Reference; Lexis & Westlaw).
For general information about other states, consult general encyclopedias, such as American Jurisprudence 2d (Am.Jur.2d) (Core A Collection; Lexis & Westlaw) or Corpus Juris Secundum (CJS) (Core A Collection; Westlaw).
Treatises, Looseleaf Services, & Practice Guides
These materials generally provide a more in-depth discussion about the topic and are best used by those who have a basic understanding of the topic. Like encyclopedias, these materials can be specific to a jurisdiction or provide a general overview. The Florida and general treatises, loose-leaf services, and practice guides in the Law Library are:
Florida
Florida Creditors' Rights Manual, by Stephen B. Rakusin (Florida Collection KFF220.A6 R3).
This 5-volume looseleaf set focuses on pleading and procedural requirements of debt collection remedies, including foreclosures and judicial sales. It also includes pleading and practice forms, a subject index, and tables of cases and statutes. (Updated 3 times per year)
Florida Foreclosure: What Lawyers Need to Know Now, ed. by Jodine Mayberry and Donna Higgins, 2009 (Florida Collection KFF130.5 F6 F66).
This treatise includes commentary, case law, relevant Florida statutes, and forms. It is written for attorneys who represent homeowners as well as lenders.
Florida Mortgage Foreclosure Practice Guide, by Charles M. Holcomb (Florida Collection KFF130.5 F6 H6).
This looseleaf publication is a practice manual on judicial mortgage foreclosures in Florida. It describes the judicial process, the parties' rights and remedies, and the sale process. It also includes forms and the text of relevant statutes. (Updated annually)
Florida Mortgages, by Thomas E. Baynes (Florida Collection KFF130.B38 1999; Westlaw).
This treatise - in a fairly straight-forward style - identifies the legal issues associated with mortgage law and mortgage foreclosure in Florida. It includes a table of statutes, some forms, and many footnotes to cases.
Florida Real Estate Transactions, Ralph E. Boyer (Florida Collection KFF112.B6; Lexis).
This 6-volume looseleaf set covers real estate issues and includes a section on foreclosures and judicial sales. The set includes some foreclosure forms, as well as a subject index and tables of cases and statutes. (Updated twice per year)
Foreclosures in Florida (2nd ed.), Kendall Coffey (Florida Collection & Reserve CD-ROM KFF130.5.F6 C64 2008).
This treatise examines foreclosure procedures from the inception of default to the impact of foreclosure appeals, and it offers legal strategies for lenders and borrowers. The treatise also contains forms and references to Florida case law and statutes.
Mortgage Foreclosure and Alternatives (6th ed.), by Jacalyn N. Kolk, et al. (Florida Bar's FasTrain Series), 2010 (Florida Collection & Reserve CD-ROM KFF130.5.F6 M67 2010; Lexis).
This publication addresses issues that arise when enforcing defaulted mortgage loans, describes mortgage foreclosure procedures, and identifies alternatives to foreclosure. It also discusses the effect of the mortgagor's bankruptcy on the foreclosure and outlines steps to handle this situation. A 77- page chapter of forms for foreclosing mortgages or obtaining alternative relief on defaulted loans is included.
Mortgage Law Seminar 2006 (Florida Collection KFF130.A75 M678).
This book publishes the materials from a seminar sponsored by the Florida Bar CLE Committee and the Real Property, Probate and Trust Law Section. Topics include foreclosure proceeds, reverse mortgages, and title insurance.
Trawick's Florida Practice and Procedure, by Henry P. Trawick, 2011 (Florida Collection & Reserve KFF530.T73; Westlaw).
This manual summarizes Florida's procedural rules, describes application of these rules in specific circumstances, and provides references to statutes, rules, and cases. Section 31:7 focuses on Mortgage and Lien Foreclosures.
General
Anatomy of a Mortgage: Understanding and Negotiating Commercial Real Estate Loans, by R. Wilson Freyermuth, et al., 2001 (Treatise KF695.A85 2001).
Published by the American Bar Association's Section of Real Property, Probate and Trust Law, Committee on Workouts, Foreclosures, and Bankruptcies Committee, this book dissects a standard form mortgage and provides a basic explanation of the terms and provisions.
Consumer Protection and Mortgage Regulation under Dodd-Frank, by Mitchel Kider, et al., 2011 (Treatise KF969.58201.K5 2011).
This publication focuses on the Dodd-Frank Wall Street Reform and Consumer Protection Act and examines its impact on consumer protection measures, including the Act's new mandated disclosures and requirements in the mortgage lending process.
Foreclosure Defense: A Practical Litigation Guide, by Rebecca A. Taylor, 2011 (Treatise & Reserve CD-ROM KF697.F6 T39 2011).
Published by the American Bar Association, this book discusses the basics of loans, federal and state laws, loan modifications, unscrupulous bank practices, and trial processes. It has a CD-ROM of sample forms, etc.
Foreclosures: Defenses, Workouts, and Mortgage Servicing (3rd ed.), by John Rao, et al., 2010 (Treatise KF697.F6 R36 2010).
This publication by the National Consumer Law Center details legal rights, tactics, and informal approaches to saving homes, including negotiating pre-foreclosure workout agreements. Appendices include summaries of state laws (including Florida) and forms.
Guide to Troubled Commercial Real Estate Loans for Lenders and Borrowers, by Joshua Stein, 2010 (Treatise KF1035.S72 2010; Lexis).
This guide provides a "roadmap" for the lender wanting to take action on a troubled loan, but it also gives insight to the borrower.
The Law of Distressed Real Estate: Foreclosure, Workouts, Procedures, by Baxter Dunaway (Treatise KF1524.D85 1985; Westlaw).
This 6-volume looseleaf set discusses the general principles of workouts and foreclosures, with separate chapters covering foreclosure procedures for many individual states (see Chapter 67 for Florida). It also provides jurisdictional summaries and tables of cases and statutes. Some forms are included.
Padrick's RESPA, TILA, HOEPA and ECOA in Real Estate Transactions with Forms (5th ed.), ed. by Carol V. Clark, 2004-current update (Treatise KF681.P33 2004).
This treatise is a discussion of the Real Estate Settlement Procedures Act (RESPA), the Truth in Lending Act (TILA), and the Equal Credit Opportunity Act (ECOA). It includes the text of federal regulations, tables of laws, rules, and cases, and a subject index.
Practical Guide to Mortgages and Liens, by David A. Schmudde, 2004 (Treatise KF695.S36 2004).
This book describes different types of mortgages and the legal implications associated with those mortgages, the types of liens that can result - such as federal tax liens and mechanic's liens - and mortgage foreclosures. It includes forms, a state-by-state review of mortgage law, and tables of cases, statutes, and rules.
Problem Loan Workouts, by Gerald L. Blanchard, et al. (Treatise KF1501.B58 2003; Westlaw).
Although this 2-volume looseleaf focuses on workout plans for loans secured by personal property, Chapter 18 and the Supplement section at the end of Vol. 2 discuss the federal tax implications of mortgage financing on workouts, foreclosures, and bankruptcies.
Real Estate Finance Law (5th ed.), by Grant S. Nelson and Dale A. Whitman, 2007, (Reserve Collection KF695.N452 2007; Westlaw).
This 2-volume treatise incorporates the newer areas of economics and the law of real estate finance. It focuses on the 2002 Uniform Nonjudicial Foreclosure Act and the 2005 Uniform Assignment of Rents Act, as well as the Bankruptcy Abuse and Consumer Protection Act of 2005, and the Restatement of the Law Third: Property - Mortgages. It has an extensive table of cases and a subject index.
Restatement of the Law, Third: Property - Mortgages, by the American Law Institute (Treatise KF695.R49 1997; Lexis & Westlaw).
This restatement covers the issues of politics, economics, history, and legal technicalities of mortgages. It has tables of cases and statutes, cross references to the West Digest topics and key numbers and ALR annotations, and a subject index all in one volume.
Structuring Commercial Real Estate Workouts: Alternatives to Bankruptcy and Foreclosure (2nd ed.), by W. Wade Berryhill, et al. (Treatise KF1535.R43 S77 2000).
This looseleaf manual identifies factors for comparing workouts, bankruptcy, and foreclosure options for commercial real estate, with detailed coverage of environmental liabilities.
Forms
Many of the materials identified above contain foreclosure and loan workout forms. Additional sources for Florida forms are:
Florida Jur Forms: Legal and Business (Reference & Florida Collection; Westlaw). Look in the current index for Mortgages and Deeds of Trust. Most, but not all, forms are in Chapter 4: Security Arrangements. Updated annually.
Florida Pleading and Practice Forms: Practice-Oriented Forms for Florida Judicial Proceedings (Reference KFF535.A65 F57 1990; Westlaw). Generally see Chapter 10: Mortgages and Mortgage Foreclosures. Updated annually.
Trawick's Florida Practice and Procedure: Forms, 2011 (Florida Collection & Reserve KFF530.T731; Westlaw).
This manual provides examples of pleading and practice forms. As a starting point, see the heading Foreclosures in the index.
Some court websites also provide suggested or mandatory forms, and links to some of these forms are below under the heading Court-Specific Administrative Orders & Foreclosure Websites in Florida.
Florida Statutes
West's Florida Statutes Annotated (Florida Collection, Reference, & States Collection; Westlaw) and LexisNexis Florida Annotated Statutes (Florida Collection KFF29.F55; Lexis) provide statutes as well as case annotations and references to secondary sources. Although other Florida statutes may be applicable (consult the index), see:
For other states' statutes, go to the States Collection, which is alphabetical by state.
Chapter 697, Instruments Deemed Mortgages and the Nature of a Mortgage;
Chapter 702, Foreclosure of Mortgages and Statutory Liens;
Chapter 45, Civil Procedure: General Provisions; and
Chapter 501, Consumer Protection.
Court-Specific Administrative Orders & Foreclosure Websites in Florida
Because of the volume of foreclosure cases, Florida courts are issuing administrative orders that provide additional guidelines and requirements for filing and handling foreclosure cases. Many court websites also provide additional guidance and forms via their websites. Selected links to administrative orders and other foreclosure information are below; for the most recent information, contact the Court clerk in the appropriate jurisdiction for updates or consult the Court's website.
Florida Supreme Court
Guidance Concerning Managed Mediation Programs for Residential Mortgage Foreclosure Cases (Admin. Order No. AOSC 10-57)
Task Force on Residential Mortgage Foreclosure Cases (Choose the year 2009, then scroll down to Admin. Order No. AOSC09-8)
Final Report and Recommendations on Residential Mortgage Foreclosure Cases (Admin. Order No. AOSC09-54)
Circuit Courts of Florida
1st Circuit (Escambia, Santa Rosa, Okaloosa, & Walton Counties)
Order for Case Management of Residential Foreclosure Cases and Mandatory Referral of Mortgage Foreclosure Cases Involving Homestead Residences to Mediation (Admin. Order No. 2010-01; check effective date; amends and replaces Admin. Order No. 2009-18 - see link in next entry)
Case Management Order and Mandatory Referral of Residential Mortgage Foreclosure Cases to Mediation (Admin. Order No. 2009-18; check effective date; amended and replaced by Admin. Order No. 2010-01 - see link in above entry)
Cancellation of Foreclosure Backlog Initiative (Admin. Order No. 2011-27)
Escambia County:
A Notice from the Court Regarding Lawsuits to Foreclose Mortgages on Homes
Electronic Mortgage Foreclosure Sales (Admin. Directive ECAD 2010-03)
Santa Rosa County:
A Notice from the Court Regarding Lawsuits to Foreclose Mortgages on Homes
Okaloosa County:
A Notice from the Court Regarding Lawsuits to Foreclose Mortgages on Homes
Mortgage Foreclosure (Admin. Directive OCAD 2010-07)
Walton County:
A Notice from the Court Regarding Lawsuits to Foreclose Mortgages on Homes
2nd Circuit (Franklin, Gadsden, Jefferson, Leon, Liberty, & Wakulla Counties)
Uniform Procedures for Residential Mortgage Foreclosure Cases (Admin. Order No. 2011-01)
Case Management of Residential Foreclosure Cases and Mandatory Referral of Mortgage Foreclosure Cases Involving Homestead Residences to Mediation (Admin. Order No. 2010-05; for 1st Amendment - see link in next entry)
1st Amendment to Admin. Order No. 2010-05 (for original Order - see link in above entry)
3rd Circuit (Columbia, Dixie, Hamilton, Lafayette, Madison, Suwannee, & Taylor Counties)
Case Management of Residential Foreclosure Cases and Mandatory Referral of Mortgage Foreclosure Cases Involving Homestead Residences to Mediation (Admin. Order No. 2010-003)
4th Circuit (Duval, Clay, & Nassau Counties)
Residential Homestead Foreclosure Cases Mandatory Referral to Mediation (Admin. Order No. 2010-1; for 1st Amendment - see link in next entry)
1st Amendment to Admin. Order No. 2010-1 (for original Order - see link in above entry)
Form A (certifications pursuant to 4th Judicial Circuit Admin. Order No. 2010-1) (scroll to link for Form "A")
Duval County
Judicial Sales Fee in All Foreclosure Cases (Admin. Order No. 2010-07)
Clay County
Judicial Sales Fee in All Foreclosure Cases (Admin. Order No. 2010-08)
Nassau County
Order Governing Telephonic Hearings in Foreclosure Cases, Nassau County (Admin. Order No. 2008-08)
5th Circuit (Citrus, Hernando, Lake, Marion, & Sumter Counties)
Case Management of Residential Foreclosure Cases and Mandatory Referral of Mortgage Foreclosure Cases Involving Homestead Residences to Mediation (Admin. Order No. A-2010-13; for Amendment - see link in next entry)
Amendment to Admin. Order No. A-2010-13 (for original Order - see link in above entry)
Uniform Referral of Foreclosure Cases to Mediation/Program Manager and Instruction to Plaintiff Counsel in Foreclosure Actions (Admin. Order No. A-2010-17)
Protecting Tenants at Foreclosure Act of 2009 (Admin. Order No. A-2009-2)
Citrus County:
Re-Assigning Remainder of the Backlog Foreclosure Docket in Citrus County and Rescinding Admin. Order No. A-2010-22 (Admin. Order No. A-2011-13)
Hernando County:
Re-Assigning Remainder of the Backlog Foreclosure Docket in Hernando County and Rescinding Admin. Order No. A-2010-18 (Admin. Order No. A-2011-16)
Lake County:
Re-Assigning Remainder of the Backlog Foreclosure Docket in Lake County and Rescinding Admin. Order No. A-2010-19 (Admin. Order No. A-2011-14)
Marion County:
Re-Assigning Remainder of the Backlog Foreclosure Docket in Marion County and Rescinding Admin. Order Nos. A-2010-20 and M-2011-05 - As Amended (Admin. Order No. A-2011-15-A)
6th Circuit (Pasco & Pinellas Counties)
Mortgage Foreclosure Procedures (Admin. Order No. 2010-025; amended by Admin. Order No. 2011-014 - see link in next entry)
Mortgage Foreclosure Procedures - Amendment One (Admin. Order No. 2011-014; check effective date; amends Admin. Order No. 2010-025 - see link in above entry)
Pinellas County:
Online Foreclosure Sales; Order Directing Clerk to Change Foreclosure Sale Locations for Sales Set after October 3, 2010 (Admin. Order No. 2010-052)
7th Circuit (Flagler, Putnam, St. Johns, & Volusia Counties)
Mandatory Referral of Mortgage Foreclosure Cases Involving Homestead Residences to Mediation - As Amended (Civil Order No. CV-2010-022-SC(A)
Writs of Possession in Residential Mortgage Foreclosure Cases (Civil Order No. CV-2010-016-SC)
8th Circuit (Alachua, Baker, Bradford, Gilchrist, Levy, & Union Counties) Case Management of Residential Foreclosure Cases and Mandatory Referral of Mortgage Foreclosure Cases Involving Homestead Residences to Mediation (Admin. Order No. 3.0954)
9th Circuit (Orange & Osceola Counties)
Administrative Order Governing Mandatory Circuit Court Mediation for Owner-Occupied Residential Mortgage Foreclosures (Admin. Order No. 2009-02)
Amended Administrative Order Governing Telephonic Hearings in Foreclosure Cases in the Circuit Court, Orange County (Admin. Order No. 2008-07-01)
Administrative Order Governing Circuit Court Mediation for Owner-Occupied Residential Mortgage Foreclosures and Motion for Conciliaion, Osceola County (Admin. Order No. 2009-10)
Foreclosure Mediation - Administrative Order, Mediators, Process & Resources
10th Circuit (Hardee, Highlands, & Polk Counties)
Foreclosure Procedures (Admin. Order No. 3-29)
Polk County
Adoption of Standard Procedures and Language in Foreclosure Sale Proceedings (Admin. Order No. 3-15.11)
11th Circuit (Miami-Dade County)
Uniform Final Judgment of Mortgage Foreclosure (Admin. Order No. 09-09); note: required form follows administrative order
Amending Administrative Order and Final Judgment of Foreclosure Form Admin. Order No. 09-09 A1); note: required form follows administrative order
Homeowners Rights in Foreclosure Proceedings (brochure by Miami-Dade Clerk of Courts, Foreclosure Unit) (click on PDF link titled Homeowners Rights in Foreclosure Proceedings)
12th Circuit (Desoto, Sarasota, & Manatee Counties)
Administrative Order Establishing Circuit-Wide Homestead Foreclosure Conciliation Program (Admin. Order No. 2008-15.1)
Administrative Order Establishing Standard Procedures for Residential and Commercial Mortgage Foreclosure Actions (Admin. Order No. 2008-14.1)
Forms, Mandatory Liaisons, Court Requirements, & Scheduling Hearings (scroll down to find applicable heading)
Sarasota & Manatee Counties
Emergency Order Suspending Telephone Hearings in Foreclosure Cases in Sarasota and Manatee Counties (Admin. Order No. 2009-02.1)
13th Circuit (Hillsborough County)
Foreclosure Procedures (Admin. Order No. S-2009-098)
Affidavit of Compliance with Foreclosure Procedures
Uniform Final Judgment of Foreclosure
Notice of Cancellation of Foreclosure Sale (Also in Word Format)
14th Circuit (Bay County)
Telephonic Appearance at Mortgage Foreclosure Hearings (prohibited after 2/1/2009) and Original Documents (Judge Overstreet's Court)
15th Circuit (Palm Beach County)
Judicial Sales (Admin. Order No. 3.301-9/08; supersedes 3.005-10/99)
Foreclosure Division "AW" (Admin. Order No. 3.302-2/09; supersedes 3.302-9/08)
Filing of Bankruptcy During Foreclosure Proceeding (Admin. Order No. 3.303-9/08; supersedes 3.013-4/00)
Final Judgment of Foreclosure (Admin. Order No. 3.304-9/08; supersedes 3.014-1/05) Homestead Foreclosure Actions by Institutional Lenders (Admin. Order No. 3.305-1/09; supersedes 3.305-10/08)
17th Circuit (Broward County)
Administrative Order Resetting Foreclosure Sale Dates (Admin. Order 2009-4-Civ)
Administrative Order Establishing Summary Judgment Foreclosure Procedures (Admin. Order 2009-12-Civ)
Administrative Order as to Filing of Circuit Civil Foreclosure Actions (Admin. Order 2009-25-Civ)
Foreclosure Worksheet (Also in Word Format)
Order Requiring Notarized Form in Foreclosure Action (Judge Krathen's Court)
18th Circuit (Brevard & Seminole Counties)
Brevard
Brevard County Owner Occupied Residential Foreclosures (includes Administrative Orders, Calendar, Forms and Procedures)
Seminole
Foreclosure Procedures Seminole County (includes Administrative Orders, Procedures, Forms, and information for individual judges)
19th Circuit (Martin, St. Lucie, Indian River, & Okeechobee Counties)
Administrative Order for Case Management of Residential Foreclosure Cases and Mandatory Referral of Mortgage Foreclosure Cases Involving Owner-Occupied Residences to Mediation (Admin. Order 2009-15)
Residential Foreclosure Mediation Documents
Florida Attorney General
Protect Yourself From Mortgage Fraud
U.S. Department of Housing and Urban Development
Avoiding Foreclosure: Florida
| Introduction | Encyclopedias | Treatises | FL Statutes | Forms | FL Court Sites | |
Introduction
This research guide, which focuses mainly on Florida law, is designed to assist attorneys and homeowners who have questions about mortgage foreclosures and loan workouts. It primarily identifies resources available in the Law Library (in print or in subscription databases) and on the Internet. For additional materials, search the following Library of Congress subject headings on Baron, the Online Catalog: Foreclosure, Mortgage Loans, and Mortgages.
Encyclopedias
Encyclopedias tend to be the most general source of information with generous annotations to primary sources, such as cases and statutes. For an overview of Florida law, see:
Florida Jurisprudence 2d (Fla.Jur.2d), "Mortgages and Deeds of Trust," secs. 245 - 407 (Florida Collection, States Collection & Reference; Lexis & Westlaw).
For general information about other states, consult general encyclopedias, such as American Jurisprudence 2d (Am.Jur.2d) (Core A Collection; Lexis & Westlaw) or Corpus Juris Secundum (CJS) (Core A Collection; Westlaw).
Treatises, Looseleaf Services, & Practice Guides
These materials generally provide a more in-depth discussion about the topic and are best used by those who have a basic understanding of the topic. Like encyclopedias, these materials can be specific to a jurisdiction or provide a general overview. The Florida and general treatises, loose-leaf services, and practice guides in the Law Library are:
Florida
Florida Creditors' Rights Manual, by Stephen B. Rakusin (Florida Collection KFF220.A6 R3).
This 5-volume looseleaf set focuses on pleading and procedural requirements of debt collection remedies, including foreclosures and judicial sales. It also includes pleading and practice forms, a subject index, and tables of cases and statutes. (Updated 3 times per year)
Florida Foreclosure: What Lawyers Need to Know Now, ed. by Jodine Mayberry and Donna Higgins, 2009 (Florida Collection KFF130.5 F6 F66).
This treatise includes commentary, case law, relevant Florida statutes, and forms. It is written for attorneys who represent homeowners as well as lenders.
Florida Mortgage Foreclosure Practice Guide, by Charles M. Holcomb (Florida Collection KFF130.5 F6 H6).
This looseleaf publication is a practice manual on judicial mortgage foreclosures in Florida. It describes the judicial process, the parties' rights and remedies, and the sale process. It also includes forms and the text of relevant statutes. (Updated annually)
Florida Mortgages, by Thomas E. Baynes (Florida Collection KFF130.B38 1999; Westlaw).
This treatise - in a fairly straight-forward style - identifies the legal issues associated with mortgage law and mortgage foreclosure in Florida. It includes a table of statutes, some forms, and many footnotes to cases.
Florida Real Estate Transactions, Ralph E. Boyer (Florida Collection KFF112.B6; Lexis).
This 6-volume looseleaf set covers real estate issues and includes a section on foreclosures and judicial sales. The set includes some foreclosure forms, as well as a subject index and tables of cases and statutes. (Updated twice per year)
Foreclosures in Florida (2nd ed.), Kendall Coffey (Florida Collection & Reserve CD-ROM KFF130.5.F6 C64 2008).
This treatise examines foreclosure procedures from the inception of default to the impact of foreclosure appeals, and it offers legal strategies for lenders and borrowers. The treatise also contains forms and references to Florida case law and statutes.
Mortgage Foreclosure and Alternatives (6th ed.), by Jacalyn N. Kolk, et al. (Florida Bar's FasTrain Series), 2010 (Florida Collection & Reserve CD-ROM KFF130.5.F6 M67 2010; Lexis).
This publication addresses issues that arise when enforcing defaulted mortgage loans, describes mortgage foreclosure procedures, and identifies alternatives to foreclosure. It also discusses the effect of the mortgagor's bankruptcy on the foreclosure and outlines steps to handle this situation. A 77- page chapter of forms for foreclosing mortgages or obtaining alternative relief on defaulted loans is included.
Mortgage Law Seminar 2006 (Florida Collection KFF130.A75 M678).
This book publishes the materials from a seminar sponsored by the Florida Bar CLE Committee and the Real Property, Probate and Trust Law Section. Topics include foreclosure proceeds, reverse mortgages, and title insurance.
Trawick's Florida Practice and Procedure, by Henry P. Trawick, 2011 (Florida Collection & Reserve KFF530.T73; Westlaw).
This manual summarizes Florida's procedural rules, describes application of these rules in specific circumstances, and provides references to statutes, rules, and cases. Section 31:7 focuses on Mortgage and Lien Foreclosures.
General
Anatomy of a Mortgage: Understanding and Negotiating Commercial Real Estate Loans, by R. Wilson Freyermuth, et al., 2001 (Treatise KF695.A85 2001).
Published by the American Bar Association's Section of Real Property, Probate and Trust Law, Committee on Workouts, Foreclosures, and Bankruptcies Committee, this book dissects a standard form mortgage and provides a basic explanation of the terms and provisions.
Consumer Protection and Mortgage Regulation under Dodd-Frank, by Mitchel Kider, et al., 2011 (Treatise KF969.58201.K5 2011).
This publication focuses on the Dodd-Frank Wall Street Reform and Consumer Protection Act and examines its impact on consumer protection measures, including the Act's new mandated disclosures and requirements in the mortgage lending process.
Foreclosure Defense: A Practical Litigation Guide, by Rebecca A. Taylor, 2011 (Treatise & Reserve CD-ROM KF697.F6 T39 2011).
Published by the American Bar Association, this book discusses the basics of loans, federal and state laws, loan modifications, unscrupulous bank practices, and trial processes. It has a CD-ROM of sample forms, etc.
Foreclosures: Defenses, Workouts, and Mortgage Servicing (3rd ed.), by John Rao, et al., 2010 (Treatise KF697.F6 R36 2010).
This publication by the National Consumer Law Center details legal rights, tactics, and informal approaches to saving homes, including negotiating pre-foreclosure workout agreements. Appendices include summaries of state laws (including Florida) and forms.
Guide to Troubled Commercial Real Estate Loans for Lenders and Borrowers, by Joshua Stein, 2010 (Treatise KF1035.S72 2010; Lexis).
This guide provides a "roadmap" for the lender wanting to take action on a troubled loan, but it also gives insight to the borrower.
The Law of Distressed Real Estate: Foreclosure, Workouts, Procedures, by Baxter Dunaway (Treatise KF1524.D85 1985; Westlaw).
This 6-volume looseleaf set discusses the general principles of workouts and foreclosures, with separate chapters covering foreclosure procedures for many individual states (see Chapter 67 for Florida). It also provides jurisdictional summaries and tables of cases and statutes. Some forms are included.
Padrick's RESPA, TILA, HOEPA and ECOA in Real Estate Transactions with Forms (5th ed.), ed. by Carol V. Clark, 2004-current update (Treatise KF681.P33 2004).
This treatise is a discussion of the Real Estate Settlement Procedures Act (RESPA), the Truth in Lending Act (TILA), and the Equal Credit Opportunity Act (ECOA). It includes the text of federal regulations, tables of laws, rules, and cases, and a subject index.
Practical Guide to Mortgages and Liens, by David A. Schmudde, 2004 (Treatise KF695.S36 2004).
This book describes different types of mortgages and the legal implications associated with those mortgages, the types of liens that can result - such as federal tax liens and mechanic's liens - and mortgage foreclosures. It includes forms, a state-by-state review of mortgage law, and tables of cases, statutes, and rules.
Problem Loan Workouts, by Gerald L. Blanchard, et al. (Treatise KF1501.B58 2003; Westlaw).
Although this 2-volume looseleaf focuses on workout plans for loans secured by personal property, Chapter 18 and the Supplement section at the end of Vol. 2 discuss the federal tax implications of mortgage financing on workouts, foreclosures, and bankruptcies.
Real Estate Finance Law (5th ed.), by Grant S. Nelson and Dale A. Whitman, 2007, (Reserve Collection KF695.N452 2007; Westlaw).
This 2-volume treatise incorporates the newer areas of economics and the law of real estate finance. It focuses on the 2002 Uniform Nonjudicial Foreclosure Act and the 2005 Uniform Assignment of Rents Act, as well as the Bankruptcy Abuse and Consumer Protection Act of 2005, and the Restatement of the Law Third: Property - Mortgages. It has an extensive table of cases and a subject index.
Restatement of the Law, Third: Property - Mortgages, by the American Law Institute (Treatise KF695.R49 1997; Lexis & Westlaw).
This restatement covers the issues of politics, economics, history, and legal technicalities of mortgages. It has tables of cases and statutes, cross references to the West Digest topics and key numbers and ALR annotations, and a subject index all in one volume.
Structuring Commercial Real Estate Workouts: Alternatives to Bankruptcy and Foreclosure (2nd ed.), by W. Wade Berryhill, et al. (Treatise KF1535.R43 S77 2000).
This looseleaf manual identifies factors for comparing workouts, bankruptcy, and foreclosure options for commercial real estate, with detailed coverage of environmental liabilities.
Forms
Many of the materials identified above contain foreclosure and loan workout forms. Additional sources for Florida forms are:
Florida Jur Forms: Legal and Business (Reference & Florida Collection; Westlaw). Look in the current index for Mortgages and Deeds of Trust. Most, but not all, forms are in Chapter 4: Security Arrangements. Updated annually.
Florida Pleading and Practice Forms: Practice-Oriented Forms for Florida Judicial Proceedings (Reference KFF535.A65 F57 1990; Westlaw). Generally see Chapter 10: Mortgages and Mortgage Foreclosures. Updated annually.
Trawick's Florida Practice and Procedure: Forms, 2011 (Florida Collection & Reserve KFF530.T731; Westlaw).
This manual provides examples of pleading and practice forms. As a starting point, see the heading Foreclosures in the index.
Some court websites also provide suggested or mandatory forms, and links to some of these forms are below under the heading Court-Specific Administrative Orders & Foreclosure Websites in Florida.
Florida Statutes
West's Florida Statutes Annotated (Florida Collection, Reference, & States Collection; Westlaw) and LexisNexis Florida Annotated Statutes (Florida Collection KFF29.F55; Lexis) provide statutes as well as case annotations and references to secondary sources. Although other Florida statutes may be applicable (consult the index), see:
For other states' statutes, go to the States Collection, which is alphabetical by state.
Chapter 697, Instruments Deemed Mortgages and the Nature of a Mortgage;
Chapter 702, Foreclosure of Mortgages and Statutory Liens;
Chapter 45, Civil Procedure: General Provisions; and
Chapter 501, Consumer Protection.
Court-Specific Administrative Orders & Foreclosure Websites in Florida
Because of the volume of foreclosure cases, Florida courts are issuing administrative orders that provide additional guidelines and requirements for filing and handling foreclosure cases. Many court websites also provide additional guidance and forms via their websites. Selected links to administrative orders and other foreclosure information are below; for the most recent information, contact the Court clerk in the appropriate jurisdiction for updates or consult the Court's website.
Florida Supreme Court
Guidance Concerning Managed Mediation Programs for Residential Mortgage Foreclosure Cases (Admin. Order No. AOSC 10-57)
Task Force on Residential Mortgage Foreclosure Cases (Choose the year 2009, then scroll down to Admin. Order No. AOSC09-8)
Final Report and Recommendations on Residential Mortgage Foreclosure Cases (Admin. Order No. AOSC09-54)
Circuit Courts of Florida
1st Circuit (Escambia, Santa Rosa, Okaloosa, & Walton Counties)
Order for Case Management of Residential Foreclosure Cases and Mandatory Referral of Mortgage Foreclosure Cases Involving Homestead Residences to Mediation (Admin. Order No. 2010-01; check effective date; amends and replaces Admin. Order No. 2009-18 - see link in next entry)
Case Management Order and Mandatory Referral of Residential Mortgage Foreclosure Cases to Mediation (Admin. Order No. 2009-18; check effective date; amended and replaced by Admin. Order No. 2010-01 - see link in above entry)
Cancellation of Foreclosure Backlog Initiative (Admin. Order No. 2011-27)
Escambia County:
A Notice from the Court Regarding Lawsuits to Foreclose Mortgages on Homes
Electronic Mortgage Foreclosure Sales (Admin. Directive ECAD 2010-03)
Santa Rosa County:
A Notice from the Court Regarding Lawsuits to Foreclose Mortgages on Homes
Okaloosa County:
A Notice from the Court Regarding Lawsuits to Foreclose Mortgages on Homes
Mortgage Foreclosure (Admin. Directive OCAD 2010-07)
Walton County:
A Notice from the Court Regarding Lawsuits to Foreclose Mortgages on Homes
2nd Circuit (Franklin, Gadsden, Jefferson, Leon, Liberty, & Wakulla Counties)
Uniform Procedures for Residential Mortgage Foreclosure Cases (Admin. Order No. 2011-01)
Case Management of Residential Foreclosure Cases and Mandatory Referral of Mortgage Foreclosure Cases Involving Homestead Residences to Mediation (Admin. Order No. 2010-05; for 1st Amendment - see link in next entry)
1st Amendment to Admin. Order No. 2010-05 (for original Order - see link in above entry)
3rd Circuit (Columbia, Dixie, Hamilton, Lafayette, Madison, Suwannee, & Taylor Counties)
Case Management of Residential Foreclosure Cases and Mandatory Referral of Mortgage Foreclosure Cases Involving Homestead Residences to Mediation (Admin. Order No. 2010-003)
4th Circuit (Duval, Clay, & Nassau Counties)
Residential Homestead Foreclosure Cases Mandatory Referral to Mediation (Admin. Order No. 2010-1; for 1st Amendment - see link in next entry)
1st Amendment to Admin. Order No. 2010-1 (for original Order - see link in above entry)
Form A (certifications pursuant to 4th Judicial Circuit Admin. Order No. 2010-1) (scroll to link for Form "A")
Duval County
Judicial Sales Fee in All Foreclosure Cases (Admin. Order No. 2010-07)
Clay County
Judicial Sales Fee in All Foreclosure Cases (Admin. Order No. 2010-08)
Nassau County
Order Governing Telephonic Hearings in Foreclosure Cases, Nassau County (Admin. Order No. 2008-08)
5th Circuit (Citrus, Hernando, Lake, Marion, & Sumter Counties)
Case Management of Residential Foreclosure Cases and Mandatory Referral of Mortgage Foreclosure Cases Involving Homestead Residences to Mediation (Admin. Order No. A-2010-13; for Amendment - see link in next entry)
Amendment to Admin. Order No. A-2010-13 (for original Order - see link in above entry)
Uniform Referral of Foreclosure Cases to Mediation/Program Manager and Instruction to Plaintiff Counsel in Foreclosure Actions (Admin. Order No. A-2010-17)
Protecting Tenants at Foreclosure Act of 2009 (Admin. Order No. A-2009-2)
Citrus County:
Re-Assigning Remainder of the Backlog Foreclosure Docket in Citrus County and Rescinding Admin. Order No. A-2010-22 (Admin. Order No. A-2011-13)
Hernando County:
Re-Assigning Remainder of the Backlog Foreclosure Docket in Hernando County and Rescinding Admin. Order No. A-2010-18 (Admin. Order No. A-2011-16)
Lake County:
Re-Assigning Remainder of the Backlog Foreclosure Docket in Lake County and Rescinding Admin. Order No. A-2010-19 (Admin. Order No. A-2011-14)
Marion County:
Re-Assigning Remainder of the Backlog Foreclosure Docket in Marion County and Rescinding Admin. Order Nos. A-2010-20 and M-2011-05 - As Amended (Admin. Order No. A-2011-15-A)
6th Circuit (Pasco & Pinellas Counties)
Mortgage Foreclosure Procedures (Admin. Order No. 2010-025; amended by Admin. Order No. 2011-014 - see link in next entry)
Mortgage Foreclosure Procedures - Amendment One (Admin. Order No. 2011-014; check effective date; amends Admin. Order No. 2010-025 - see link in above entry)
Pinellas County:
Online Foreclosure Sales; Order Directing Clerk to Change Foreclosure Sale Locations for Sales Set after October 3, 2010 (Admin. Order No. 2010-052)
7th Circuit (Flagler, Putnam, St. Johns, & Volusia Counties)
Mandatory Referral of Mortgage Foreclosure Cases Involving Homestead Residences to Mediation - As Amended (Civil Order No. CV-2010-022-SC(A)
Writs of Possession in Residential Mortgage Foreclosure Cases (Civil Order No. CV-2010-016-SC)
8th Circuit (Alachua, Baker, Bradford, Gilchrist, Levy, & Union Counties) Case Management of Residential Foreclosure Cases and Mandatory Referral of Mortgage Foreclosure Cases Involving Homestead Residences to Mediation (Admin. Order No. 3.0954)
9th Circuit (Orange & Osceola Counties)
Administrative Order Governing Mandatory Circuit Court Mediation for Owner-Occupied Residential Mortgage Foreclosures (Admin. Order No. 2009-02)
Amended Administrative Order Governing Telephonic Hearings in Foreclosure Cases in the Circuit Court, Orange County (Admin. Order No. 2008-07-01)
Administrative Order Governing Circuit Court Mediation for Owner-Occupied Residential Mortgage Foreclosures and Motion for Conciliaion, Osceola County (Admin. Order No. 2009-10)
Foreclosure Mediation - Administrative Order, Mediators, Process & Resources
10th Circuit (Hardee, Highlands, & Polk Counties)
Foreclosure Procedures (Admin. Order No. 3-29)
Polk County
Adoption of Standard Procedures and Language in Foreclosure Sale Proceedings (Admin. Order No. 3-15.11)
11th Circuit (Miami-Dade County)
Uniform Final Judgment of Mortgage Foreclosure (Admin. Order No. 09-09); note: required form follows administrative order
Amending Administrative Order and Final Judgment of Foreclosure Form Admin. Order No. 09-09 A1); note: required form follows administrative order
Homeowners Rights in Foreclosure Proceedings (brochure by Miami-Dade Clerk of Courts, Foreclosure Unit) (click on PDF link titled Homeowners Rights in Foreclosure Proceedings)
12th Circuit (Desoto, Sarasota, & Manatee Counties)
Administrative Order Establishing Circuit-Wide Homestead Foreclosure Conciliation Program (Admin. Order No. 2008-15.1)
Administrative Order Establishing Standard Procedures for Residential and Commercial Mortgage Foreclosure Actions (Admin. Order No. 2008-14.1)
Forms, Mandatory Liaisons, Court Requirements, & Scheduling Hearings (scroll down to find applicable heading)
Sarasota & Manatee Counties
Emergency Order Suspending Telephone Hearings in Foreclosure Cases in Sarasota and Manatee Counties (Admin. Order No. 2009-02.1)
13th Circuit (Hillsborough County)
Foreclosure Procedures (Admin. Order No. S-2009-098)
Affidavit of Compliance with Foreclosure Procedures
Uniform Final Judgment of Foreclosure
Notice of Cancellation of Foreclosure Sale (Also in Word Format)
14th Circuit (Bay County)
Telephonic Appearance at Mortgage Foreclosure Hearings (prohibited after 2/1/2009) and Original Documents (Judge Overstreet's Court)
15th Circuit (Palm Beach County)
Judicial Sales (Admin. Order No. 3.301-9/08; supersedes 3.005-10/99)
Foreclosure Division "AW" (Admin. Order No. 3.302-2/09; supersedes 3.302-9/08)
Filing of Bankruptcy During Foreclosure Proceeding (Admin. Order No. 3.303-9/08; supersedes 3.013-4/00)
Final Judgment of Foreclosure (Admin. Order No. 3.304-9/08; supersedes 3.014-1/05) Homestead Foreclosure Actions by Institutional Lenders (Admin. Order No. 3.305-1/09; supersedes 3.305-10/08)
17th Circuit (Broward County)
Administrative Order Resetting Foreclosure Sale Dates (Admin. Order 2009-4-Civ)
Administrative Order Establishing Summary Judgment Foreclosure Procedures (Admin. Order 2009-12-Civ)
Administrative Order as to Filing of Circuit Civil Foreclosure Actions (Admin. Order 2009-25-Civ)
Foreclosure Worksheet (Also in Word Format)
Order Requiring Notarized Form in Foreclosure Action (Judge Krathen's Court)
18th Circuit (Brevard & Seminole Counties)
Brevard
Brevard County Owner Occupied Residential Foreclosures (includes Administrative Orders, Calendar, Forms and Procedures)
Seminole
Foreclosure Procedures Seminole County (includes Administrative Orders, Procedures, Forms, and information for individual judges)
19th Circuit (Martin, St. Lucie, Indian River, & Okeechobee Counties)
Administrative Order for Case Management of Residential Foreclosure Cases and Mandatory Referral of Mortgage Foreclosure Cases Involving Owner-Occupied Residences to Mediation (Admin. Order 2009-15)
Residential Foreclosure Mediation Documents
Florida Attorney General
Protect Yourself From Mortgage Fraud
U.S. Department of Housing and Urban Development
Avoiding Foreclosure: Florida
Last Update: psl 5/09
