Alachua Circuit Civil Division MG (Foreclosures) - Procedures

CONTACT INFORMATION:

Any questions regarding any foreclosure or Division MG matter should be directed to:
Michelle Love 
Alachua County Courthouse
Family and Civil Justice Center
ATTN:  Foreclosure General Magistrate 
201 E. University Avenue
Gainesville, FL  32601
Email: lovem@circuit8.org

Please do not contact Judge Kreider’s office directly.
 

NOTICE OF APPEARANCE AND COVERAGE COUNSEL:

Pursuant to Eighth Judicial circuit Administrative Order No. 1.30, with the permission of the client, an attorney may arrange for another attorney to appear at a proceeding to represent a party. Such “coverage” attorneys must file a notice of appearance as co-counsel before the court will recognize the attorney as representing that party. All notices must be filed in compliance with Fla. R. Jud. Admin. 2.505(e). A notice of appearance must be filed prior to the start of the proceedings and counsel must be familiar with the case and fully prepared to address all issues pending before the court. Failure to timely file a proper Notice of Appearance is the same as a non-appearance and may result in the striking of pleadings, dismissal of claims, or the imposition of other permissible sanctions deemed proper, and shall constitute a waiver of Exceptions to the Magistrate's Report and Recommendation pursuant to Fla. R. Civ. P. 1.490(h).

EX PARTE EMAILS OR CORRESPONDENCE:

Please note that the Foreclosure Department does not accept ex-parte e-mails or correspondence. Copies of all e-mails and correspondence sent to the Foreclosure Department must also be sent to all opposing counsel/parties in the case.  Ex-parte e-mails or correspondence will be returned to the sending party without having been reviewed by the Foreclosure Department.

PROPOSED ORDERS:

  • Proposed Orders for the Civil Division will no longer be accepted via e-filing by the Alachua County Clerk of Court.  Motions should continue to be e-filed with the Clerk's Office.
  • Proposed Orders shall be emailed to lovem@circuit8.org in Word format.  Please do not send Proposed Orders, Motions, or supporting documentation by United States Mail.
  • The subject line should provide the following:  Proposed Order, [county], [case number].
  • Please provide the Proposed Order in Word Format through email, including an enclosure letter and a courtesy copy of the Motion.  Supporting documentation for the Motion shall be filed via the Florida Courts e-Portal.  Please do not provide the Court with the supporting documentation.  The Court will review the case filing system and review any supporting documentation electronically.
  • If there are parties who have not consented to use of e-mail service, stamped addressed envelopes should be mailed or hand delivered to the foreclosure case manager, Michelle Love.  Please clip the envelopes together, along with a sticky note that indicates the case name and case number.
  • Orders will not be entered until the motion has been docketed and imaged by the Clerk.  
  • All orders shall include a certificate of service at the bottom of the order.  Please indicate the name of the party who is to receive the order, as well as that party's e-mail/e-service address OR mailing address, if a hard copy is required.

PROPOSED FINAL JUDGMENTS:

  • Proposed Final Judgments (FJ) shall be emailed to lovem@circuit8.org at least three (3) days prior to the scheduled hearing date. 
  • The subject line should provide the following:  Proposed Final Judgment, [county], [case number], [hearing date].
  • Please attach ONLY an enclosure letter and the Proposed Final Judgment.
  • Certificates of Sale, Certificates of Disbursement, Certificates of Title, and Notices of Sale shall be forwarded separately to the Clerk of Court in accordance with the Clerk’s procedures. 
  • The Motion for Summary Judgment and supporting documentation shall be filed via the Florida Courts e-Portal.  Please do not provide the Court with the Motion or the supporting documentation.  The Court will review the case filing system prior to the hearing.
  • One (1) copy of the Proposed Final Judgment (that was previously emailed as required above) shall be brought to the scheduled hearing along with envelopes (with sufficient postage) for only those parties to be served by U.S. Mail rather than by Electronic Mail.  (See Administrative Order 1.07).  Please clip the envelopes together, along with a sticky note that indicates the case name and case number.

ORIGINAL NOTE:

Plaintiff IS REQUIRED to present the original note to the court on or before the first Case Management Conference. If original documents have previously been filed with the Clerk and one of the parties requests that the original documents be made available for a hearing or trial, a written request must be submitted to the Foreclosure Case Manager no less than three (3) business days prior to the scheduled event.

If Plaintiff's Complaint seeks to reestablish a lost, destroyed, or stolen instrument, live testimony is required from a qualified witness and a lost note bond prior to the entry of a Final Judgment.  Lost note bonds must be for greater of the face amount of the note or the final judgment plus all applicable interest and be valid through the statute of limitations period. Lost note testimony is not taken at Case Management Conferences and must be special set.

TELEPHONIC APPEARANCES:

Requests for telephonic appearances are NOT routinely granted. Any request will be considered on a case-by-case basis and granted only in exceptional circumstances.  A motion for telephonic appearance must be filed with the Clerk of Court at least FIFTEEN (15) DAYS before the hearing along with a copy e-mailed to lovem@circuit8.org

EMERGENCY MOTIONS:

A copy of any “Emergency” motion e-filed with the Clerk of Court and served upon opposing counsel should be provided to the Magistrate’s office for review by emailing lovem@circuit8.org in accordance with the procedures above.  If the Court determines that a hearing should be granted, the foreclosure case manager (Michelle Love) will advise the moving party of an expedited date and time for the hearing.

SCHEDULING A HEARING:

The foreclosure case manager only accepts requests for hearing dates by e-mail at lovem@circuit8.org.  All hearing requests should include the county name, full case number, style of the case, type of motion(s) being heard, the attorneys involved, and the amount of time requested.  Counsel must coordinate the hearing times prior to contacting the foreclosure case manager.   Once a date has been agreed upon, an e-mail should be sent to the foreclosure case manager confirming the date, and a courtesy copy of the notice of hearing e-mailed to lovem@circuit8.org.

CONTINUANCES:

Continuances are not routinely granted and are evaluated on a case-by-case basis. All requests must be made with specificity and show good cause. All requests must comply with Fla. R. Civ. P. 1.460.

ENVELOPES:

Please be advised that all envelopes and postage provided by the parties become the property of the Eighth Judicial Circuit and if not used in the particular case provided, may be reused in other cases.

GENERAL MAGISTRATE - EXCEPTIONS:

ALL PROCEEDINGS BEFORE THE MAGISTRATE WILL BE RECORDED ELECTRONICALLY. AN ELECTRONIC COPY OF THE PROCEEDINGS MAY BE REQUESTED IN WRITING FROM COURT REPORTING.

  • Request an electronic copy by emailing Karen Wable at WableK@circuit8.org;
  • Or by mailing your request to: Court Reporting, Alachua County Family and Civil Justice Center, 201 East University Avenue, ROOM 411, Gainesville, Florida 32601.

ALL COSTS FOR ANY ELECTRONIC COPIES WILL BE PAID BY THE REQUESTING PARTY. 

AFTER OBTAINING AN ELECTRONIC COPY, IT IS THE RESPONSIBILITY OF THE PERSON FILING EXCEPTIONS AND SEEKING REVIEW OF THE MAGISTRATE'S REPORT AND RECOMMENDATION TO HAVE A WRITTEN TRANSCRIPT PREPARED BY A CERTIFIED COURT REPORTER FOR DELIVERY TO THE COURT. THE REQUESTING PARTY MUST PAY THE EXPENSE OF THE TRANSCRIPTION.