Foreclosure Information

A Foreclosure is the legal process by which an owner's right to a property is terminated, usually due to default. Typically involves a forced sale of the property at public auction, with the proceeds being applied to the mortgage debt. Residential foreclosure cases are assigned to the circuit civil division in the respective counties. This circuit utilizes case managers to assist with managing residential mortgage foreclosure cases.

Lee County Foreclosure Information
NOTICE: Effective beginning with the August 28, 2020 scheduled date the hearings/trials will be conducted via Zoom with attorneys and witnesses required to be by video Zoom. The meeting ID is 682 771 4624. Use the following link to join from an electronic device: https://Zoom.us/join or from a telephone dial: 1-(786) 635-1003

You are required to file a Final Disposition Form in your case (instructions provided with form). The form is for use by the Clerk of Court for the purpose of reporting judicial workload data pursuant to Florida Statute Section 25.075.

Foreclosure Document Submission

In an effort to streamline the foreclosure court process, the Clerk's Office requests that you submit documents as follows:

  1. Submit the proposed Final Judgment through the ePortal to the Foreclosure Judges Lee
  2. File the Notice of Sale and Final Disposition Form with the Clerk of Court via the ePortal

Other Document/Attachment Instructions

  • Original Note and Mortgage MUST be filed with the Clerk of Court at least 3 days prior to the trial or hearing on a motion for judgment attached to a Notice of Filing. If the original document is required in court you must contact the clerk of court to make the arrangements.
  • Additional documents such as payment history, default letter, or Notice of Intent MUST be attached to a Notice of Filing and filed with the Clerk of Court.
  • Note: Do not submit Original Note and Mortgage and additional documents on the same Notice of Filing. DO NOT submit the Original Note and Mortgage with the remote hearing packet.
  • For instructions on Introduction and Management of Evidence in Remote Hearings see Administrative Order 2.40 on the Court website https://www.ca.cjis20.org

To request a hearing time before the Foreclosure Judge, please refer to the information below: EFFECTIVE IMMEDIATELY:

  1. Trials of more than 15 minutes must be coordinated through Civil Case Management. Your Notice of Trial stating the amount of time needed must be filed with the Clerk of Court and a copy e-mailed to LeeCircuitCivilCM@ca.cjis20.org. Trials of 15 minutes or less may be scheduled through JACS per #3 below.
  2. All pre-judgment Residential Foreclosure hearings are heard by the Foreclosure Judge. All post-judgment hearings are heard by the assigned Judge, with the exception of Motions for Rehearing/Reconsideration of a ruling by a Foreclosure Judge.
  3. Hearings on Pre-judgment Motions of 5 minutes or less may be scheduled in JACS in the designated time slots between 9:00 a.m. and 10:00 a.m. Motions requiring greater than 5 minutes and no more than 15 minutes, may be scheduled for hearing in JACS in the designated timeslots between 1:30 p.m. and 2:30 p.m. All Motions to Continue Trial must be filed with the Clerk of Court and a copy e-mailed to LeeCircuitCivilCM@ca.cjis20.org. To obtain an extended hearing beyond 15 minutes, you must file your Motion with the Clerk of Court and e-mail a copy to LeeCircuitCivilCM@ca.cjis20.org and you will be contacted in this regard.

The available Trial and Motion dates for the Foreclosure docket are as follows:

Click here to view Lee County Residential Mortgage foreclosure Trial/Motion dates and designated Courtrooms.

To schedule a hearing on a Commercial Foreclosure, Lien Foreclosure or Post-Judgment Residential Foreclosure case, please contact the Judicial Assistant to the Judge assigned to your case.

Note: Local Rules and Standards of Professionalism regarding Motions are strictly enforced. Any motions not in full compliance with these rules may not be heard.

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FORECLOSURE DOCKET

CONTACT INFORMATION

LeeCircuitCivilCM@ca.cjis20.org

Lee County Justice Center
Sheila Jerome
Civil/Family Division Director
1700 Monroe Street, Room 3404
Fort Myers, Florida 33901
Phone: (239) 533-2991

Lee County Justice Center
Jack Hughes
ADR/Civil Manager
1700 Monroe Street, Room 3404
Fort Myers, Florida 33901
Phone: (239) 533-8424

Charlotte County Foreclosure Information

IMPORTANT INFORMATION RE: COVID-19

Until further notice all scheduled Residential Foreclosure hearings will be conducted in Judge Geoffrey H. Gentile virtual courtroom. Hearings will be conducted through video and telephone. The Judges virtual courtroom can be accessed here:
Judge Geoffrey H. Gentile Virtual Court Information PLEASE BE ADVISED that counsel and unrepresented parties shall follow Administrative Order No. 2.40 regarding the introduction and management of evidence in remote hearings for all evidentiary hearings and non-jury trials

  1. To schedule a hearing which is less than 30 minutes, refer to JACS for available hearing dates and times, coordinate your hearing with opposing counsel, and contact the Judicial Assistant to have your hearing placed on the docket. Available hearing times are available on JACS.
  2. All 15 minute timeslots can be converted to 5 minutes, 10 minutes, and 30 minutes in duration, given the time is available within the posted period.
  3. Hearings requiring more than 30 minutes must be requested in writing and approved by the Court before hearing time will be scheduled. The Judicial Assistant will contact the attorneys' office with extended hearing times to coordinate these hearings.
  4. A party/counsel scheduling a hearing must concurrently notice the matter in conformance with the Florida Rules of Civil Procedure and ensure timely notice is served on all pro se parties and counsel of record in advance of the hearing. The original notice must be filed with the Clerk of the Court. A hearing that is evidentiary in nature and involving presentation of evidence (affidavits, testimony, exhibits, etc.), should clearly indicate it is an evidentiary hearing on its face. It is strongly preferred that any such notice include not only the name of each receiving attorney and pro se party, but also addresses.
  5. If you cancel a hearing, you are required to file a Notice of Cancellation and "fax a copy to the Judicial Assistant at (941) 505-4760" in order to ensure your hearing is removed from the docket.

THE FILING OF A NOTICE FOR TRIAL WILL RESULT IN YOUR CASE BEING SET FOR TRIAL, REGARDLESS OF THE ESTIMATED DATE YOUR CASE IS READY FOR TRIAL PURSUANT TO YOUR CASE MANAGEMENT PLAN (IF APPLICABLE). To schedule the Trial follow the instructions on the JACS page for Judge Gentile: https://www.ca.cjis20.org/Services/jacs.aspx

FINAL JUDGEMENT AND ORDER SUBMISSION: BASIC/GENERAL RULES

  1. SUBMISSION OF PROPOSED FINAL JUDGMENTS: All Final Judgments must be submitted to the appropriate email address (Cha-circuitcivil@ca.cjis20.org ) 5 days prior to your trial. Please note in the subject line of the email "Proposed Final Judgment - Foreclosure Case No. 12-345-CA." If there is a request for an extended sale date, you must note the request in the proposed Final Judgment. If there are parties who are not on the eservice list, then you must bring extra copies of the judgment, with envelopes, on the day of trial. Please see the Clerk of Court's instructions regarding Notice of Foreclosure Sale.
  2. ALL OTHER ORDERS: ALL SUPPORTING DOCUMENTS MUST BE VIEWABLE (VERY IMPORTANT): Before sending proposed orders that will require Judge Gentile's review of online documents before entering the proposed order(s) check the Clerk's website to make sure that all required supporting documents are viewable online. DO NOT SEND THE PROPOSED ORDER UNTIL THE SUPPORTING DOCUMENT(S) ARE VIEWABLE ON THE CLERK'S SITE.
  3. ELECTRONIC SUBMISSION OF ORDERS: A proposed order or other document that requires Judge Gentile's signature should be sent directly to the Judge at the appropriate email address: Cha-circuitcivil@ca.cjis20.org.
    Do not route proposed orders through the Clerk. If certain Clerk action is needed, send the document/request to the Clerk.
  4. THE E-FILING PROCESS AND CLERK ACCEPTANCE OF E-FILED DOCUMENTS: Remember, when you E-file a document through the E-Filing Portal, the document is not viewable to a user of the system (including attorneys, judges and judicial assistants) until several steps occur. The attorney's receipt acknowledgment by the E-Filing Portal only confirms that the Portal has received the document and that it is located on their file server. The Portal must then transfer the electronic document to the Clerk's Office which must then transfer the file to the Clerk's internal case maintenance system. Finally the Clerk must formally accept the document into the Clerk's case maintenance software to make the document viewable to users. The E-Filing rules give clerks three days to complete those steps. Additional days may be required if the document does not comply with the E-Filing rules. Therefore, keep in mind that when the E-Filing Portal acknowledges receipt of your E-filed document, it is not immediately viewable on the Clerk's website. Consequently, if you E-file a document and simultaneously E-mail a proposed order to the judge's office, the judge and judicial assistant will likely not be able to view the document that you just filed. This will prevent the judge from immediately signing your proposed order and will only waste the time of the judge and judicial assistant as they try in vain to review the pleading on which the proposed order is based. Please, wait until YOU can view the recently filed document(s) on the Clerk's website before you E-mail the proposed order to the judge's office.
  5. WHOM TO CONTACT WITH QUESTIONS:
    • For ALL questions regarding Judge Gentile's procedures, these will be answered by Judge Gentile's Judicial Assistant, Cheryl O'Brien at co'brien@ca.cjis20.org. Again, E-mail is the much preferred method of communication.

    • For ALL Clerk/Benchmark/Court Records related Issues ONLY: Clerk's Office Civil Courts Director Marie Hicks at marie.hicks@charlotteclerk.com

  1. Document Format

    All electronically submitted proposed orders MUST be submitted to the Court utilizing recent versions of Microsoft Word. No other formats will be accepted at this time. "Recent versions of Word" include all versions from 2003 and later with a "docx" file type. "RTF" files are not acceptable, and if your office uses WordPerfect you can convert the WP files to Word files, but if your WP program has not been upgraded for many years, the version of Word that is produced may not be compatible with the judicial software that must process the proposed order.

  2. Form/Template Modifications

    All proposed orders MUST be stripped of the following information at the bottom/end of document:

    • Any reference to the date (Please keep the language "Ordered and Adjudged.")
    • Judge Signature Line and Judge's Name
    • Certificate of Service


    An example of how your documents must be modified is available on our Cacjis20.org website. The example shows the text that should be removed from proposed orders at the end of the order in red strikeout text. The judicial software will insert the judge's signature electronically with a date/time stamp included in the signature as well as the electronic certificate of service downloaded from the E-Filing Portal at the time the judicial software is processing the order. The Judicial Assistant will have to manually add the certificate of service for recipients who will not be served by E-Service from the Portal.

    • Included below is a procedure that must be used to insure that your electronically submitted proposed orders do not generate electronic service language in fonts other than Times New Roman. We have seen a few examples of Word documents generating non-standard fonts when the electronic service list is imported and then inserted into the proposed order(s). This is due to the presence in your forms of non-standard fonts that appear when the service list is generated. This is not due to errors from the Portal or the judicial software. Please use the procedure at the end of this document to correct any errors that may occur.

  3. Designation of E-mail Address (Pro Se)

    Counsel are encouraged to request that pro se litigants and unrepresented interested parties who must be served with the orders agree to receive their copies by E-Service via the E-Filing Portal. "The court may serve any order or judgment by E-mail to all attorneys who have not been excused from E-mail service and to all parties not represented by an attorney who have designated an E-mail address for service." Rule 2.516(h)(1), Fla.R.Jud.P. Reducing the number of mailed hard copies that must be physically served will save time and money for law firms and the court.

    The procedure for serving by Portal E-Service parties not represented by an attorney is set forth in Rule 2.516(b)(1)(C), Fla.R.Jud.P. which provides "any party not represented by an attorney may serve a designation of a primary e-mail address and also may designate no more than two secondary e-mail addresses to which service must be directed in that proceeding by the means provided in subdivision (b)(1) of this rule. If a party not represented by an attorney does not designate an e-mail address for service in a proceeding, service on and by that party must be by the means provided in subdivision (b)(2) of this rule."

  4. No Designation E-mail Address

    In cases where an unrepresented party or interested person has not designated an e-mail address pursuant to the Rule, the Court will print copies of electronically signed orders and mail them. Stamped addressed envelopes must be furnished by the attorney who submitted the proposed order. In these cases, the electronic submission of the proposed order should contain a reference in the subject line of the e-mail to envelopes submitted (for example: "12-345-CA Smith v. Jones (envelopes submitted)"). Please include a paper copy of the E-mail with the envelopes when you mail them to the court. When the J.A. sees this reference in the subject line she will wait until the envelopes are received before she processes the submitted order and submits it to the Court for electronic signature and E-Filing. In addition, since the judicial software will not be retrieving service information from the Portal for these pro se individuals, it will be necessary for the J. A. to manually add to the proposed order the name and address of the unrepresented party or interested person to the certificate of service. To assist in this process, the attorney's office must include the name and address of those persons to be served by mail in the body of the E-mail submitting the proposed order. It is expected that the judicial assistant will be able to simply cut and paste this text into the proposed order, a relatively easy and quick operation.

  5. Preserve Existing Forms

    It is recommended that for the time being you preserve your forms/templates for creating form orders for hard copy submission as you have submitted them in the past. It is recommended that you create new versions of your older forms/templates that are modified as outlined above for E-Filing only. In the event that there is a computer outage at any of the several transmission nodes or networks that must be working in order for this process to work, you will retain the option to return to the previous practice of paper submission and continue functioning with limited interruption of service.

  6. Where to Send E-mails

    All documents should be submitted by E-mail to Cha-circuitcivil@ca.cjis20.org. Each order should be sent as a separate attachment with only one E-mail per order. Submittals not sent to the mail box will not be processed. Failure to send E-mails to the correct E-mail address will result in a failure to issue the proposed order(s). It is requested that no more than one proposed order be attached per email.

  7. Supporting Documents Must Be Viewable

    To preserve the efficiency of the Court's workflow do not submit proposed orders until the supporting documents are viewable in the Clerk's system. In most cases this will take one to three days for the Clerk to process the supporting document and make it viewable. In some cases a longer delay will be necessary.

  8. Subject Line of E-mails

    E-mails sent must be contain at a minimum the following language within subject line using the following format:

    12-345-CA Smith v. Jones
    or for unrepresented/no email
    12-345-CA Smith v. Jones (envelopes submitted)

    For Proposed Final Judgments ONLY: Proposed Final Judgment - Foreclosure Case No. 12-345-CA
    12-345-CA Smith v. Jone

  9. Cover Letters

    Please do not attach a cover letter to the e-mail. Feel free to place the information normally placed in the cover letter into the body of the email containing the attached proposed order. When envelopes are submitted due to pro se parties or litigants without designated E-mail address, include a hard copy of the E-mail with the envelope. In addition, include in the body of the E-mail the name and mailing addresses of pro-se party. Please also include whether all opposing counsel agree or disagree with the form of the order within the body of email.

  10. Copy Opposing Counsel With the E-mail

    As with hard copy cover letters, copy opposing counsel with the E-mail and pro se parties/interested persons who must be served and who have designated an e-mail address (or by mail if there is no designated email address).

Hendry County Foreclosure Information

The Hendry County Foreclosure Case Management Program diligently works to reduce the number of pending foreclosure cases. The program’s main focus is on disposing cases 18 months and older. These cases are heard by a Senior Judge every other month. To request hearing time before the Foreclosure Judge, please contact the Assistant to the Senior Judge at the information below.

LOCATION & CONTACT

Magistrate and Senior Judge's Office
25 E. Hickpochee Ave.
LaBelle, Florida 33935

Nancy Owens
Assistant to the Magistrate and Senior Judges
Phone: (863) 612-4714
Email: nowens@ca.cjis20.org

Glades County Foreclosure Information

Glades County does not provide case management for foreclosures.

Telephonic hearings on foreclosure matters where the case is three (3) years or older are no longer granted. Attorneys must appear in person. NO TELEPHONIC HEARINGS ARE ALLOWED.

All Motion's and Order's to Cancel and Reschedule Foreclosure Sale will require a hearing before the sale date.

No Order will be signed without said hearing.