Fla. R. Civ. P. Form 1.944(d)

ORDER TO SHOW CAUSE

THIS CAUSE has come before the court on …..plaintiff’s/lien holder’s…..

motion for order to show cause for entry of final judgment of mortgage

foreclosure and the court having reviewed the motion and the verified

complaint, and being otherwise fully advised in the circumstances, finds and it

is

ORDERED AND ADJUDGED that:

1. The defendant(s) shall appear at a hearing on foreclosure on

…..(date)….. at …..(time)….. before the undersigned judge, in the

…..(county)….. Courthouse at …..(address)….., to show cause why the attached

final judgment of foreclosure should not be entered against the defendant(s) in

this cause. This hearing referred to in this order is a “show cause hearing.”

2. This ORDER TO SHOW CAUSE shall be served on the defendant(s)

in accordance with the Florida Rules of Civil Procedure and applicable law as

follows:

a. If the defendant(s) has/have been served under Chapter 48,

Florida Statutes, with the verified complaint and original process has already

been effectuated, service of this order may be made in the manner provided in

the Florida Rules of Civil Procedure; or, if the other party is a plaintiff in the

action, service of the order to show cause on that party may be made in the

manner provided in the Florida Rules of Civil Procedure.

b. If the defendant(s) has/have not been served under Chapter

48, Florida Statutes, with the verified complaint and original process, the order

to show cause, together with the summons and a copy of the verified

complaint, shall be served on the party in the same manner as provided by law

for original process.

3. The filing of defenses by a motion or verified answer at or before

the show cause hearing constitutes cause for which the court may not enter

the attached final judgment.

4. Defendant(s) has/have the right to file affidavits or other papers at

the time of the show cause hearing and may appear at the hearing personally

or by an attorney.

5. If defendant(s) file(s) motions, they may be considered at the time

of the show cause hearing.

6. Defendant(s)’ failure to appear either in person or by an attorney at

the show cause hearing or to file defenses by motion or by a verified or sworn

answer, affidavits, or other papers which raise a genuine issue of material fact

which would preclude entry of summary judgment or which would otherwise

constitute a legal defense to foreclosure, after being served as provided by law

with the order to show cause, will be deemed presumptively a waiver of the

right to a hearing. In such case, the court may enter a final judgment of

foreclosure ordering the clerk of the court to conduct a foreclosure sale. An

order requiring defendant(s) to vacate the premises may also be entered.

7. If the mortgage provides for reasonable attorneys’ fees and the

requested fee does not exceed 3% of the principal amount owed at the time the

complaint is filed, the court may not need to hold a hearing to adjudge the

requested fee to be reasonable.

8. Any final judgment of foreclosure entered under section 702.10(1)

Florida Statutes, shall be only for in rem relief; however, entry of such final

judgment of foreclosure shall not preclude entry of an in personam money

damages judgment or deficiency judgment where otherwise allowed by law.

9. A copy of the proposed final judgment is attached and will be

entered by the court if defendant(s) waive(s) the right to be heard at the

show cause hearing.

DONE AND ORDERED at …..(county)….., Florida …..(date)……

CIRCUIT JUDGE

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