IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT
IN AND FOR HARDEE, HIGHLANDS, AND POLK COUNTIES FLORIDA
ADMINISTRATIVE ORDER NO. 3-29.0
WHEREAS, foreclosure proceedings are most efficiently processed when reviewed by the Judges with the assistance of the attorneys filing them, and
WHEREAS, the attorneys are responsible for filing the correct affidavits and other necessary paperwork in order for the court to be in compliance with the granting of a summary final judgment in a foreclosure action, and
WHEREAS, it is necessary for the proper and effective administration of justice that the Court maintain accurate records of attorneys filing for foreclosure hearings, it is hereby
ORDERED AND DIRECTED that all attorneys filing in a foreclosure action shall attest in a separate affidavit (sent with the foreclosure packet to the judge) that the following paperwork is accurate and in compliance with the statutes pertaining to each issue and filed with the Clerk of the Court:
Service of Process is completed on all parties, including any additional proof necessary for Constructive Service (i.e. (1) Attorney affidavit of diligent search and inquiry and (2) Publication of Notice of Action);
Was there a Guardian/Attorney Ad Litem appointed? If so, whom?
The Motion for Final Judgment was completed. (i.e. (1) Default Final Judgment or (2) Summary Final Judgment or (3) Order to Show Cause);
Affidavit of non-military service filed for defendants who have not answered;
Current Notice of Hearing to all parties;
Affidavits necessary for Final Judgment (i.e. (1) Affidavit of Indebtedness, (2) Affidavit of Costs, (3) Affidavit of Attorneys Time, and (4) Affidavit of Attorneys Fees);
Original Note and Mortgage filed with the Court or Affidavit of Lost Instrument(s);
Whether the defendant is in Bankruptcy; was discharged; or the Plaintiff obtained relief from the automatic stay. (Provide proof of relief).
This order shall become effective upon entry.
DONE AND ORDERED in Polk County, Florida, this 10th day of August, 2004.
RONALD A. HERRING