FORECLOSURE PROCEDURES – 14th CIRCUIT Bay, Calhoun, Gulf, Holmes, Jackson and Washington Counties (Updated 04/23/14) GENERAL SCHEDULING INFORMATION: Requests for Hearings must be made via email by the office of the attorney who will be appearing for said hearing and must include the following information: Full contact information for the requesting attorney/firm. The County must be the first word in the subject line. Case Number/Names (Style of the Case) Type of hearing being requested. A date range needed (in 30 days...60 days, etc.) How much time is required for the hearing If requesting to appear by telephone (if permitted) If a hearing is before a General Magistrate, the date the Order of Referral was entered is also required. When provided available dates/times, wait for your preference to be confirmed by our office via email before preparing notices, as dates/times cannot be held until availability is confirmed by staff setting the hearing for you. When parties request hearing time, the Court will TENTATIVELY reserve the time requested. However, the Court will only confirm & hold said hearing upon receipt of a filed Notice of Hearing, Rule 1.100, F.R.Civ.P. PLEASE BE AWARE PERSONAL APPEARANCE IS REQUIRED IN ALL FORECLOSURE FINAL HEARINGS. Please reference Administrative Order 2010-00-06- Mortgage Foreclosure Case Management. Once a hearing has been scheduled and a Notice of Hearing has been filed with the clerk, the hearing can only be cancelled by the submitting a motion and proposed order to the presiding judge. If the motion filed is not consented to by all nondefaulted parties, the motion must be set for a hearing. Per Administrative Order 2010-00-06, a Mortgage Memorandum of Status must be completed by the Plaintiff and served at least seven (7) days prior to the scheduled foreclosure hearing. A copy must be emailed to the presiding judge’s office on the date of service or if heard by a General Magistrate, emailed to [email protected] 1 If you case will be heard by a General Magistrate you will need to submit an Order of Referral to the presiding Judge in the county in which the case is filed. Click HERE for Order of Referral to General Magistrate in GULF CO. Click HERE for Order of Referral to General Magistrate in JACKSON CO. Click HERE for Order of Referral to General Magistrate in HOLMES CO. Click HERE for Order of Referral to General Magistrate in WASHINGTON CO. Click HERE for a MORTGAGE MEMORANDUM OF STATUS FINAL HEARINGS: Seven days (7) prior to the hearing, the Plaintiff’s counsel shall file the following documents with the clerk: Notice of Sale Certificate of Title Certificate of Sale Certificate of Disbursement Form 1.998 Final Disposition Form On the day of the hearing, the Plaintiff’s attorney is responsible for providing the Court one copy of the proposed final judgment and the original note and mortgage. The Plaintiff may pre-file the original note and mortgage with the clerk of court prior to the hearing. If not filed prior to the hearing, Plaintiff must present at the final hearing. After the hearing, the Clerk will email one copy of the recorded final judgment and the Plaintiff must serve all parties and file a certificate of service with the clerk. DO NOT provide the Court with “courtesy” copies of documents already filed in the court file. BAY COUNTY: Most foreclosure matters are heard by Judge Dedee S. Costello. Submit requests for hearing times and general inquires to the following email address: [email protected]. Some cases may be reassigned (such as post certificate of title or more complex, time-consuming cases) to another Circuit Judge when appropriate; the clerk’s docket will reflect if the case has been reassigned to another Circuit Judge. If your case is assigned to another circuit judge, below is the contact information for the other circuit judges in Bay County: 2 Judicial Assistant to Judge Hentz McClellan Mira Phillips [email protected] Judicial Assistant to Judge Michael C. Overstreet Robin Owens at [email protected] Judicial Assistant to Judge James B. Fensom Ann Nelson at [email protected] CALHOUN COUNTY (Central Time Zone): All foreclosure matters are heard by Judge Kevin Grover, and are scheduled by his JA, Sue Stanley via email to [email protected] WASHINGTON & HOLMES COUNTIES (Central Time Zone): Foreclosure MSJ hearings and some Case Management Conferences are heard by Magistrate David Johnson. These cases require an Order of Referral to the General Magistrate, signed by Judge Patterson and filed with the Clerk before dates can be given. Submit Orders of Referral to the General Magistrate, via email, directly to the office Judge Christopher N. Patterson at [email protected] . Once the Order is signed, it will be emailed back to the party who requested the referral and service to all parties will be the responsibility of that party. Upon service of the Order, a certificate of Service must be filed with the clerk of court. All requests for hearings or inquiries about a foreclosure case should be submitted via email to the following email address: [email protected]. PLEASE NOTE: MSJ hearings and court set Case Management Conferences require personal appearance, or having local counsel appear. If local counsel appears, local counsel must schedule the hearing with the foreclosure unit. Appearing by telephone may be requested well in advance, by motion/order directly to Judge Patterson. All other foreclosure matters for Washington & Holmes Counties are heard by Judge Christopher N. Patterson and hearing requests are scheduled by his JA, Denise Hendrix, via email to [email protected]. Judge Michael Miller hears all court-set Case Management Conferences. 3 JACKSON COUNTY (Central Time Zone): Foreclosure MSJ hearings and some Case Management Conferences are heard by Magistrate David Johnson, and require an Order of Referral to the General Magistrate, signed by the assigned judge and filed with the Clerk before dates can be given. Submit Orders of Referral to the General Magistrate, via email, directly to the office Judge Shonna Young Gay at [email protected] . Once the Order is signed, it will be emailed back to the party who requested the referral and service to all parties will be the responsibility of that party. Upon service of the Order, a certificate of Service must be filed with the clerk of court. All requests for hearings or inquiries about a foreclosure case should be submitted via email to the following email address: [email protected]. PLEASE NOTE: MSJ hearings and court set Case Management Conferences require personal appearance, or having local counsel appear. If local counsel appears, local counsel must schedule the hearing with the foreclosure unit. Appearing by telephone may be requested well in advance, by motion/order directly to Judge Gay. All other foreclosure matters are heard by Judge Shonna Young Gay and hearing requests are scheduled by her JA, Wendy Strickland via email to [email protected] Judge Michael Miller hears all court-set Case Management Conferences. GULF COUNTY (Eastern Time Zone): Most foreclosure matters are heard by Magistrate Shannon Lord, which require an Order of Referral to the General Magistrate, signed by Judge John L. Fishel, II and filed with the Clerk before dates can be given. Submit Orders of Referral to the General Magistrate, via email, directly to the office Judge John L. Fishel, II at [email protected] . Once the Order is signed, it will be emailed back to the party who requested the referral and service to all parties will be the responsibility of that party. Upon service of the Order, a certificate of Service must be filed with the clerk of court. All requests for hearings or inquiries about a foreclosure case should be submitted via email to the following email address: [email protected]. 4 PLEASE NOTE: MSJ hearings require personal appearance, or having local counsel appear. If local counsel appears, local counsel must schedule the hearing with the foreclosure unit. Appearing by telephone may be requested well in advance, by motion/order directly to Judge Fishel. All other foreclosure matters are heard by Judge John L. Fishel, II and hearing requests are scheduled by his JA, Judy Reese via email to [email protected] Case Management Conferences: In an effort to effectively manage the backlog of foreclosure cases the Court monitors inactive cases and sets them for case management cases. Personal appearance is required for all court-set case management conferences with the exception of those scheduled in Gulf County before the General Magistrate. A call-in number is provided in the Notice of Case Management Conference for Gulf County. CANCELLATION OF FORECLOSURE SALES: The Court requires a Motion and Order to cancel a foreclosure sale. Motions must be filed with the Clerk of Court and opposing counsel five (5) days prior to presenting to the Court. Please be clear and specific with your reasoning for cancelling the sale. 5 CLERK OF COURTS IN THE FOURTEENTH JUDICIAL CIRCUIT Bay County 300 East 4th Street P.O. Box 2269 Panama City, FL 32447 850-747-5141 For general foreclosure questions for the clerk: [email protected] For foreclosure sale information: www.bayrealforeclose.com E-filing Information: http://baycoclerk.com/wp-content/uploads/2014/01/E-File-Notice.pdf Calhoun County 20859 East Central Ave, #130 Blountstown, FL 32424 850-674-4545 For general foreclosure information, click HERE For foreclosure sale information: http://www.calhounclerk.com/foreclosures.html Gulf County 1000 Cecil G. Costin, Sr. Blvd. Port St. Joe, FL 32456 850-229-6113 For general foreclosure information, click HERE For foreclosure sale information: http://gulfclerk.com/foreclosure-sales.php Holmes County 201 North Oklahoma Street P.O. Box 397 Bonifay, FL 32425 850-547-1101 For foreclosure information, click HERE Jackson County 4445 Lafayette Street Marianna, FL 32446 850-482-9552 Washington County 1331 South Blvd. Chipley, FL 32428 850-638-6289 E-filing Information: http://www.flclerks.com/eFiling_authority.html#Manuals Or https://www.myflcourtaccess.com/ 6
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