Florida Amends Judicial Foreclosure Procedures

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On May 9, the Supreme Court of Florida adopted amendments to the state’s civil procedure rules governing judicial foreclosures. The amendments authorize referral of residential mortgage foreclosure cases to general magistrates based on implied consent of the parties, while providing an opportunity for objection by the parties. The amendments also allow the chief judge of each judicial circuit to appoint the number of general magistrates needed to expeditiously preside over residential foreclosure actions. The appointed magistrates must be members of the Florida Bar, but are not required to give bond or surety, as otherwise required by the rule.

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