Foreclosure Magistrates Rule Change


The Florida Supreme Court has created a new Rule 1.491 that is intended to govern the use of magistrates in all residential mortgage foreclosure cases.  Sections of Rule 1.490 that  dealt exclusively with residential mortgage foreclosures have been deleted from that rule and incorporated into new Rule 1.490.

The rule amendments are effective as of March 13, 2014 and has been updated to reflect the changes.

In Re: Amendments To Florida Rule Of Civil Procedure 1.490 And New Florida Rule Of Civil Procedure 1.491, Case No. SC13-684 (Fla. March 13, 2014)

Update (3/21/2014): Perhaps the most novel verbiage in this amendment is the official comment to new Rule 1.491, which states: 

This rule is the result of an emergency petition by the Trial Court Budget Commission and is intended to alleviate the backlog of residential mortgage foreclosure cases that Florida courts are currently facing.

Published In: Civil Procedure Updates, Finance & Banking Updates, Residential Real Estate Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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