Hearings scheduled by the Foreclosure Master Calendar (FMC) Unit are restricted to motions for summary judgments in residential mortgage foreclosures and motions for cancellation of sale.
|FORECLOSURE MASTER CALENDAR
The following actions are excluded from the FMC Court and must be heard by the Division Judge: non-residential (commercial) foreclosures, condominium foreclosures, mechanics and construction lien foreclosures and writs of possession. Division Judges will continue to hear all other motions:
To schedule a motion for summary judgment hearing:
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- Pleadings should be closed, with no pending motions for extension of time, motions to dismiss or outstanding discovery.
- To obtain a hearing date: eSchedule link
for help:Quick reference link
- Bring original note and mtg to hearing.
- You must immediately notify all parties of the hearing date.
- The notice of hearing must be brought to the summary judgment hearing and reflect service on all parties.
- All pleadings must be properly filed with the Clerk of Courts;eSchedule does not replace filing.
Procedures for Summary Judgments
The moving party must file its motion for summary judgment of foreclosure with the Clerk of Courts:
eSchedule Summary Judgment requirements:
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- Copies of the note and mortgage including allonges and assignments
- Submission of:
- Orders of Default, Clerk Defaults or Drops
- Where no default has been entered, the service package for that defendant including:
- Service returns on all defendants
- Non-military affidavit
- Defense manpower searches
- In publication cases, Affidavit of Diligent Search
- In publication cases, proof of publication
- Certificate of compliance with mediation as applicable
- Motion for summary final judgment of foreclosure
- Affidavit of indebtedness
- As applicable, lost note affidavit
- Affidavit of costs
- Affidavit of attorney fees
- Affidavit as to the reasonableness of attorney fees
- Proposed summary final judgment using the approved form
Procedures for Motions to Cancel Foreclosure Sale
Motions for cancellation of sale which require a hearing will be heard by the FMC Court on a walk-in basis. Check-in for this calendar starts at 8:00 A. M. These hearings commence at 8:30 A. M. in Courtroom 3-3. Motions to cancel sale and reset sale must be in compliance with Administrative Memorandum CIV 12-E. Motions to cancel foreclosure sale will be heard by the Foreclosure Master Calendar(FMC) held in Courtroom 3-3, Miami Dade County Courthouse, located at 73 West Flagler Street, Miami, Florida, 33130
To have your motion to cancel sale or reset sale heard, you must:
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- File your Motion for Cancellation of Sale with the Clerk of the Courts, retaining a copy of the filed motion for your records. Bring this record to court.
- Notify all parties on the service list of the motion and the date of hearing. Notice must be given at the time of filing the motion. Do not wait to notify the other parties.
- Establish specific circumstances that constitute a genuine emergency. Your motion must be supported by meritorious reasons.
- Include a statement as to the history of the case: the date of the summary judgment, prior sales dates, cancellations and the basis for those cancellations.
- If a sale was previously cancelled for loss mitigation, a loss mitigation history and resolution must be included.
- Identify a new basis if there have been multiple motions for cancellation.
Motions to Cancel any of the above Hearings:
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- Motions to cancel a hearing will only be granted for good cause shown.
- The Motion to cancel hearing must be filed with the Clerk of the Courts within ten (10) days of the mailing of the notice of hearing, unless there is an emergency indicated.
- A copy of the filed Motion, together with a detailed explanation of the reason for requesting cancellation must be e-mailed to: firstname.lastname@example.org
- Hearings are not cancelled until you receive a confirmation of cancellation by e-mail.
- You must appear for hearing if you do not receive a cancellation confirmation.
- Upon receipt of the cancellation confirmation, the moving party must notify all parties on the service list as to the cancellation.