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Judge Nancy Alley Mortgage Foreclosure Procedures For Seminole County FL

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PROCEDURE FOR MORTGAGE FORECLOSURE HEARINGS

FOR JUDGE NANCY F. ALLEY (DIVISION “L”)

As a result of the elimination of the position of Seminole County Foreclosure Case


Coordinator due to budget cuts, the following procedure is in effect after October 1, 2008, for
hearings on Motions for Summary Judgment and Motions for Judgment after Default for
mortgage foreclosure cases assigned to the Honorable Nancy F. Alley, Division L, in the
Circuit Court in and for Seminole County, Florida. [See also Administrative Order 09-09-s]

NOTE: FULL COMPLIANCE WITH ADMINISTRATION ORDER NO. 09-09-S MUST BE


COMPLETED PRIOR TO NOTICING ANY HEARING REFERENCED HEREIN. SEE
WEBSITE: www.flcourts18.org under Seminole County foreclosures.

1. Hearings on Summary Judgments will be held on September 25, 2009,


October 30, 2009, November 20, 2009, December 18, 2009, January 22, 2010, February 26,
2010, March 12, 2010, April 16, 2010, May 21, 2010, and June 25, 2010 at 8:30 am in
Courtroom A at the Seminole County Courthouse, 301 N. Park Ave., Sanford, Florida 32771.

2. Any plaintiff’s attorney wishing to schedule a hearing needs to send a Notice of


Hearing to all defendants within the time frame of the Rule. NO CALLS TO SCHEDULE
THE HEARING ARE NECESSARY OR ALLOWED. To cancel a hearing, a notice of
cancellation must be mailed out to all parties. DO NOT CONTACT THE JA TO CANCEL A
HEARING.

NOTE: COUNSEL FOR PLAINTIFF MUST APPEAR IN PERSON AT THE HEARING.


DO NOT CALL TO REQUEST PERMISSION TO APPEAR BY TELEPHONE.

3. It will be the responsibility of the attorney for the plaintiff to check out and bring
the court file(s) to the hearing with the following attached to each court file:
a. Proposed Final Judgment of Foreclosure
b. Sufficient copies of the judgment for each named party - with sufficient
pre-addressed stamped envelopes for each party.
c. Original and copies of the Notice of Sale.
d. Originals and copies of the Certificates of Sale, Disbursements and Title
with appropriate pre-addressed stamped envelopes.
e. The checklist attached hereto showing the date of each indicated
activity in the court file with the other information indicated thereon.

4. When arriving at the courtroom it will be the responsibility of the attorney to


sign-in by signing the sign-in sheet. The attorney will retain the court files and checklists until
the judge asks for them. Any cases where answers have been filed by the main defendant
are to be tagged in the Court file.

5. The cases will not be called in order of the attorney’s arrival but based on the
defendants who are present. Attorneys should plan to be available for the hearings all
morning.

FAILURE TO COMPLY WITH THESE PROCEDURES WILL RESULT IN THE


HEARING BEING CANCELLED
FORECLOSURE SUMMARY JUDGMENT CHECKLIST

CASE NO.: ________________ JUDGE: NANCY F. ALLEY HEARING DATE: ___________


SHORT CASE STYLE: _______________________ vs. ___________________________

NAMED DEFENDANTS: Date: Served Defaulted Answered Dismissed


______________________________ ______ ________ ________ ________
______________________________ ______ ________ ________ ________
______________________________ ______ ________ ________ ________
______________________________ ______ ________ ________ ________
______________________________ ______ ________ ________ ________
______________________________ ______ ________ ________ ________
______________________________ ______ ________ ________ ________
______________________________ ______ ________ ________ ________
______________________________ ______ ________ ________ ________
______________________________ ______ ________ ________ ________
______________________________ ______ ________ ________ ________
______________________________ ______ ________ ________ ________

ORDER APPOINTING G.A.L. for: Date Filed


______________________________
(Defendant’s Name) ________________
AFFIDAVIT/ANSWER OF G.A.L. ________________
Fee Requested: $_____________

PLEADINGS FILED:
Notice of Mediation ________________
Report of Mediation ________________
Motion for Summary Judgment ________________
Original Note and Mortgage ________________
Notice of Hearing ________________
Affidavit of Reasonable Attorney’s Fee (expert) ________________
$_____________
Affidavit of Costs $________________ ________________
Affidavit of Indebtedness/Amt. Owed $________________ ________________
(Amt due up to the hearing date)
Affidavit of Attorney's Time/Fee: ________________
Hours Spent: __________
Fee Per Hour: $__________ $________________
or or
Flat Fee: $__________ $________________

*TOTAL AMOUNT: $ ________________

Final Summary Judgment


*TOTAL AMOUNT: $ ________________

*Both total amounts are to match; checklist is not complete if the numbers do not match

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