LibGuides: Foreclosure by Nicole Bercume: Forms

Forms

This document from the Florida Bar contains every form and worksheet an attorney would need in order to complete the foreclosure process.

Form 13.01: Instruction Letter
Form 13.02: Engagement Letter
Form 13.03: Deed in Lieu of Foreclosure
Form 13.04: Grantor's Affidavit of Intent, Consideration, and Solvency
Form 13.05: Forbearance Agreement
Form 13.06: Demand Letter
Form 13.07: Letter to Title Company Requesting Partial Abstract
Form 13.08: Complaint
Form 13.09: Notice Required Under Fair Debt Collection Practices Act
Form 13.10: Count to Request Appointment of Receiver in Foreclosure Complaint
Form 13.11: Order Appointing Receiver
Form 13.12: Notice of Lis Pendens 8
Form 13.13: Plaintiffs Affidavit of Compliance With 28 U.S.C. Section 2410
Form 13.14: Request to Post Office for Address Information
Form 13.15: Division of Motor Vehicles Address Information Request
Form 13.16: Affidavit for Service of Process by Publication
Form 13.17: Plaintiff's Motion for Default
Form 13.18: Plaintiff's Motion for Appointment of Attorney Ad Litem, Guardian Ad Litem, or Administrator Ad Litem
Form 13.19: Order Appointing Attorney Ad Litem, Guardian Ad Litem, or Administrator Ad Litem
Form 13.20: Oath of Attorney Ad Litem, Guardian Ad Litem, or Administrator Ad Litem
Form 13.21: Answer of Attorney Ad Litem, Guardian Ad Litem, or Administrator Ad Litem
Form 13.22: Motion for Summary Final Judgment of Foreclosure and for Attorneys' Fees and Costs
Form 13.23: Plaintiff's Affidavit of Defendant's Indebtedness
Form 13.24: Plaintiff's Affidavit of Costs
Form 13.25: Plaintiff's Affidavit of Attorneys' Time
Form 13.26: Plaintiff's Affidavit of Attorneys' Fees
Form 13.27: Plaintiff's Affidavit of Non-Military Service
Form 13.28: Final Judgment of Foreclosure
Form 13.29: Clerk's Notice of Sale Under F.S. Chapter 45
Form 13.30: Clerk's Certificate of Sale
Form 13.31: Clerk's Certificate of Title
Form 13.32: Clerk's Certificate of Disbursements
Form 13.33: Order to Show Cause for Entry of Final Judgment of Foreclosure
Form 13.34: Order to Show Cause for Order to Make Payments During Pendency of Foreclosure Action or to Vacate Premises

LEGAL FORMS AND WORKSHEETS RELATING TO MORTGAGE FORECLOSURE, LFW FL-CLE 13-1

Westlaw link

Example of form

West link

This is an example of what a form might look like. All the other forms listed above can be found through the Westlaw link.

Form 13.03: Deed in Lieu of Foreclosure

[Leave 3-inch by 3-inch space in top right-hand corner on first page and 1-inch by 3-inch space in top right-hand corner on each subsequent page for court clerk, as required by F.S. 695.26(1)(e).]

Record: ....................

Tax Parcel I.D. No.: ....................

Return to: .....(attorney name).....

.....(address).....

THIS INSTRUMENT PREPARED BY:

.....(attorney name).....

.....(address).....

.....(telephone number).....

Florida Bar number .................... ....................

WARRANTY DEED

Grantor, .....(name)....., whose post office address is ...................., for and in consideration of the sum of $.........., and other good and valuable consideration received from Grantee, .....(name)....., whose post office address is...................., does hereby on .....(date)....., convey to Grantee the following described property located in .................... County, Florida:

.....(legal description of property).....

IT IS THE INTENT OF THE GRANTOR AND GRANTEE THAT THE CONVEYANCE OF THE ABOVE-DESCRIBED PROPERTY TO .....(lender)..... WILL NOT ACT IN ANY WAY AS SATISFACTION OF THE NOTE AND MORTGAGE FROM .....(mortgagor)..... TO ..... (lender)..... (COPIES OF WHICH ARE RECORDED IN OFFICIAL RECORDS BOOK .......... at Page .......... .......... OF THE PUBLIC RECORDS OF .................... COUNTY, FLORIDA). IT IS THE EXPRESS INTENT OF THE PARTIES THAT THE ABOVE-DESCRIBED NOTE AND MORTGAGE WILL NOT MERGE WITH THE INTEREST OF ..... (lender)..... ACQUIRED UNDER THIS DEED.

Grantor fully warrants the title to the land and will defend the same against the lawful claims of all persons whomsoever.

IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on the above date.

Signed, sealed, and delivered in our presence as witnesses:

________________________________________

.....(name, typed or printed).....

Witness

________________________________________

.....(name, typed or printed).....

Grantor

________________________________________

.....(name, typed or printed).....

Witness

Sworn to or affirmed and signed before me on .....(date)....., by .....(name of person making statement)......

________________________________________

(Signature of Notary Public — State of Florida)

________________________________________

(Print, Type, or Stamp Commissioned Name of Notary Public)

_____ Personally Known

_____ Produced Identification

Type of Identification Produced ....................

(Seal)

....................

Before me, the undersigned authority, personally appeared ..... (mortgagor)....., who being first duly sworn, deposes and says:

1. .....He/She..... is the party who made, executed, and delivered that certain deed dated ....., to .....(lender)....., conveying the following described property:

.....(legal description of

LEGAL FORMS AND WORKSHEETS RELATING TO MORTGAGE FORECLOSURE, LFW FL-CLE 13-1

Foreclosure Complaint

The Florida Supreme Court has approved a form for a standard foreclosure complaint. See Fla.R.Civ.P. Form 1.944.

The complaint should allege the execution and delivery of the promissory note and mortgage, that the plaintiff is the owner and holder of the note prior to, or as of, the date of filing the complaint, the description of the real property, the name of the present titleholders, the default, acceleration of the debt, if applicable, and the amount remaining due on the debt. The complaint should also allege that the current titleholders or other parties are in possession, and that their possessory interest, if any, is inferior to the rights of the plaintiff.

Complaints

(Party Designation)

(Title of Court)

COMPLAINT TO FORECLOSE MORTGAGE

Plaintiff, ...................., sues defendant, ...................., and alleges:

1. This is an action to foreclose a mortgage on real property in .................... County, Florida.

2. On .....(date)....., defendant executed and delivered a promissory note and a mortgage securing payment of the note to plaintiff. The mortgage was recorded on .....(date)..... in Official Records Book ..... at Page ..... of the Public Records of .................... County, Florida, and mortgaged the property described in the mortgage then owned by and in possession of the mortgagor. A copy of the mortgage containing a copy of the note is attached.

3. Plaintiff owns and holds the note and mortgage.

4. The property is now owned by defendant who holds possession.

5. Defendant has defaulted under the note and mortgage by failing to make the payment due on .....(date of missed payment)..... and all subsequent payments.

6. Plaintiff declares the full amount payable under the note and mortgage to be due.

7. Defendant owes plaintiff $.......... that is due on the principal on the note and mortgage, interest from .....(date)....., and title search expenses for ascertaining necessary parties to this action.

8. Defendant has been provided with notice of default and acceleration, and right to reinstate, as required by the terms of the note and mortgage.

9. The notice required by the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1601 et seq., as amended, is attached to this complaint.

10. Plaintiff is obligated to pay plaintiff's attorneys a reasonable fee for their services.

WHEREFORE plaintiff demands judgment foreclosing the mortgage and, if the proceeds of the sale are insufficient to pay plaintiff's claim, a deficiency judgment.

Dated: ....................

____________________

Attorney for .....(name of party).....

.....(address and phone number).....

Florida Bar number ....................

Subject Guide

Ulysses Jaen

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Contact:

1025 Commons Circle, Naples,
Florida 34119-1376

(239)687-5501 Tel.

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