Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 702.10 | Lawyer Caselaw & Research
F.S. 702.10 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 702.10

The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY
Chapter 702
FORECLOSURE OF MORTGAGES AND STATUTORY LIENS
View Entire Chapter
F.S. 702.10
702.10 Order to show cause; entry of final judgment of foreclosure; payment during foreclosure.
(1) A lienholder may request an order to show cause for the entry of final judgment in a foreclosure action. For purposes of this section, the term “lienholder” includes the plaintiff and a defendant to the action who holds a lien encumbering the property or a defendant who, by virtue of its status as a condominium association, cooperative association, or property owners’ association, may file a lien against the real property subject to foreclosure. Upon filing, the court shall immediately review the request and the court file in chambers and without a hearing. If, upon examination of the court file, the court finds that the complaint is verified, complies with s. 702.015, and alleges a cause of action to foreclose on real property, the court shall promptly issue an order directed to the other parties named in the action to show cause why a final judgment of foreclosure should not be entered.
(a) The order shall:
1. Set the date and time for a hearing to show cause. The date for the hearing may not occur sooner than the later of 20 days after service of the order to show cause or 45 days after service of the initial complaint. When service is obtained by publication, the date for the hearing may not be set sooner than 30 days after the first publication.
2. Direct the time within which service of the order to show cause and the complaint must be made upon the defendant.
3. State that the filing of defenses by a motion, a responsive pleading, an affidavit, or other papers before the hearing to show cause that raise a genuine issue of material fact which would preclude the entry of summary judgment or otherwise constitute a legal defense to foreclosure shall constitute cause for the court not to enter final judgment.
4. State that a defendant has the right to file affidavits or other papers before the time of the hearing to show cause and may appear personally or by way of an attorney at the hearing.
5. State that, if a defendant files defenses by a motion, a verified or sworn answer, affidavits, or other papers or appears personally or by way of an attorney at the time of the hearing, the hearing time will be used to hear and consider whether the defendant’s motion, answer, affidavits, other papers, and other evidence and argument as may be presented by the defendant or the defendant’s attorney raise a genuine issue of material fact which would preclude the entry of summary judgment or otherwise constitute a legal defense to foreclosure. The order shall also state that the court may enter an order of final judgment of foreclosure at the hearing and order the clerk of the court to conduct a foreclosure sale.
6. State that, if a defendant fails to appear at the hearing to show cause or fails to file defenses by a motion or by a verified or sworn answer or files an answer not contesting the foreclosure, such defendant may be considered to have waived the right to a hearing, and in such case, the court may enter a default against such defendant and, if appropriate, a final judgment of foreclosure ordering the clerk of the court to conduct a foreclosure sale.
7. State that if the mortgage provides for reasonable attorney fees and the requested attorney fees do not exceed 3 percent of the principal amount owed at the time of filing the complaint, it is unnecessary for the court to hold a hearing or adjudge the requested attorney fees to be reasonable.
8. Attach the form of the proposed final judgment of foreclosure which the movant requests the court to enter at the hearing on the order to show cause.
9. Require the party seeking final judgment to serve a copy of the order to show cause on the other parties in the following manner:
a. If a party has been served pursuant to chapter 48 with the complaint and original process, or the other party is the 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 a defendant has not been served pursuant to chapter 48 with the complaint and original process, the order to show cause, together with the summons and a copy of the complaint, shall be served on the party in the same manner as provided by law for original process.

Any final judgment of foreclosure entered under this subsection is for in rem relief only. This subsection does not preclude the entry of a deficiency judgment where otherwise allowed by law. The Legislature intends that this alternative procedure may run simultaneously with other court procedures.

(b) The right to be heard at the hearing to show cause is waived if a defendant, after being served as provided by law with an order to show cause, engages in conduct that clearly shows that the defendant has relinquished the right to be heard on that order. The defendant’s failure to file defenses by a motion or by a sworn or verified answer, affidavits, or other papers or to appear personally or by way of an attorney at the hearing duly scheduled on the order to show cause presumptively constitutes conduct that clearly shows that the defendant has relinquished the right to be heard. If a defendant files defenses by a motion, a verified answer, affidavits, or other papers or presents evidence at or before the hearing which raise a genuine issue of material fact which would preclude entry of summary judgment or otherwise constitute a legal defense to foreclosure, such action constitutes cause and precludes the entry of a final judgment at the hearing to show cause.
(c) In a mortgage foreclosure proceeding, when a final judgment of foreclosure has been entered against the mortgagor and the note or mortgage provides for the award of reasonable attorney fees, it is unnecessary for the court to hold a hearing or adjudge the requested attorney fees to be reasonable if the fees do not exceed 3 percent of the principal amount owed on the note or mortgage at the time of filing, even if the note or mortgage does not specify the percentage of the original amount that would be paid as liquidated damages.
(d) If the court finds that all defendants have waived the right to be heard as provided in paragraph (b), the court shall promptly enter a final judgment of foreclosure without the need for further hearing if the plaintiff has shown entitlement to a final judgment and upon the filing with the court of the original note, satisfaction of the conditions for establishment of a lost note, or upon a showing to the court that the obligation to be foreclosed is not evidenced by a promissory note or other negotiable instrument. If the court finds that a defendant has not waived the right to be heard on the order to show cause, the court shall determine whether there is cause not to enter a final judgment of foreclosure. If the court finds that the defendant has not shown cause, the court shall promptly enter a judgment of foreclosure. If the time allotted for the hearing is insufficient, the court may announce at the hearing a date and time for the continued hearing. Only the parties who appear, individually or through an attorney, at the initial hearing must be notified of the date and time of the continued hearing.
(2) Except as provided in paragraph (i), in any action for foreclosure, in addition to any other relief that the court may award, the plaintiff may request that the court enter an order directing the mortgagor defendant to show cause why an order to make payments during the pendency of the foreclosure proceedings or an order to vacate the premises should not be entered.
(a) The order shall:
1. Set the date and time for hearing on the order to show cause. However, the date for the hearing may not be set sooner than 20 days after the service of the order. If service is obtained by publication, the date for the hearing may not be set sooner than 30 days after the first publication.
2. Direct the time within which service of the order to show cause and the complaint shall be made upon each defendant.
3. State that a defendant has the right to file affidavits or other papers at the time of the hearing and may appear personally or by way of an attorney at the hearing.
4. State that, if a defendant fails to appear at the hearing to show cause and fails to file defenses by a motion or by a verified or sworn answer, the defendant is deemed to have waived the right to a hearing and in such case the court may enter an order to make payment or vacate the premises.
5. Require the movant to serve a copy of the order to show cause on the defendant in the following manner:
a. If a defendant has been served with the complaint and original process, service of the order may be made in the manner provided in the Florida Rules of Civil Procedure.
b. If a defendant has not been served with the complaint and original process, the order to show cause, together with the summons and a copy of the complaint, shall be served on the defendant in the same manner as provided by law for original process.
(b) The right of a defendant to be heard at the hearing to show cause is waived if the defendant, after being served as provided by law with an order to show cause, engages in conduct that clearly shows that the defendant has relinquished the right to be heard on that order. A defendant’s failure to file defenses by a motion or by a sworn or verified answer or to appear at the hearing duly scheduled on the order to show cause presumptively constitutes conduct that clearly shows that the defendant has relinquished the right to be heard.
(c) If the court finds that a defendant has waived the right to be heard as provided in paragraph (b), the court may promptly enter an order requiring payment in the amount provided in paragraph (f) or an order to vacate.
(d) If the court finds that the mortgagor has not waived the right to be heard on the order to show cause, the court shall, at the hearing on the order to show cause, consider the affidavits and other showings made by the parties appearing and make a determination of the probable validity of the underlying claim alleged against the mortgagor and the mortgagor’s defenses. If the court determines that the plaintiff is likely to prevail in the foreclosure action, the court shall enter an order requiring the mortgagor to make the payment described in paragraph (e) to the plaintiff and provide for a remedy as described in paragraph (f). However, the order shall be stayed pending final adjudication of the claims of the parties if the mortgagor files with the court a written undertaking executed by a surety approved by the court in an amount equal to the unpaid balance of the lien being foreclosed, including all principal, interest, unpaid taxes, and insurance premiums paid by the plaintiff.
(e) If the court enters an order requiring the mortgagor to make payments to the plaintiff, payments shall be payable at such intervals and in such amounts provided for in the mortgage instrument before acceleration or maturity. The obligation to make payments pursuant to any order entered under this subsection shall commence from the date of the motion filed under this section. The order shall be served upon the mortgagor no later than 20 days before the date specified for the first payment. The order may permit, but may not require, the plaintiff to take all appropriate steps to secure the premises during the pendency of the foreclosure action.
(f) If the court enters an order requiring payments, the order shall also provide that the plaintiff is entitled to possession of the premises upon the failure of the mortgagor to make the payment required in the order unless at the hearing on the order to show cause the court finds good cause to order some other method of enforcement of its order.
(g) All amounts paid pursuant to this section shall be credited against the mortgage obligation in accordance with the terms of the loan documents; however, payments made under this section do not constitute a cure of any default or a waiver or any other defense to the mortgage foreclosure action.
(h) Upon the filing of an affidavit with the clerk that the premises have not been vacated pursuant to the court order, the clerk shall issue to the sheriff a writ for possession which shall be governed by s. 83.62.
(i) This subsection does not apply to foreclosure of an owner-occupied residence. For purposes of this paragraph, there is a rebuttable presumption that a residential property for which a homestead exemption for taxation was granted according to the certified rolls of the latest assessment by the county property appraiser, before the filing of the foreclosure action, is an owner-occupied residential property.
(j) For purposes of this subsection, the term “mortgagor” means a person who grants a mortgage or a successor in ownership of the real property described in the mortgage. The term does not include a homeowners’ association or an association, as those terms are defined in s. 720.301, or a corporation regulated under chapter 718 or chapter 719, that:
1. Acquires title to a parcel or unit through the foreclosure of its claim of lien, or a deed in lieu of foreclosure, provided that title remains vested in the association or corporation and any rents collected are applied to assessments that are then due; or
2. Collects rents from the tenants in the parcel or unit pursuant to s. 718.116(11), s. 719.108(10), or s. 720.3085(8).
History.s. 14, ch. 93-250; s. 3, ch. 2001-215; s. 6, ch. 2013-137; s. 10, ch. 2018-55; s. 4, ch. 2023-215.

F.S. 702.10 on Google Scholar

F.S. 702.10 on Casetext

Amendments to 702.10


Arrestable Offenses / Crimes under Fla. Stat. 702.10
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 702.10.



Annotations, Discussions, Cases:

Cases from cite.case.law:

BENITEZ, Jr. v. EDDY LEAL, P. A., 272 So. 3d 506 (Fla. App. Ct. 2019)

. . . borrower to make monthly payments during the pendency of the foreclosure action, as provided by section 702.10 . . .

RIVAS, v. US BANK NATIONAL ASSOCIATION,, 259 So. 3d 77 (Fla. App. Ct. 2018)

. . . . § 702.10, Fla. Stat.; Caple v. Tuttle's Design-Build, Inc. , 753 So. 2d 49 (Fla. 2000). . . .

NATIONSTAR MORTGAGE, LLC, v. DIAZ,, 227 So. 3d 726 (Fla. Dist. Ct. App. 2017)

. . . order to show cause to be issued for the entry of a final judgment of foreclosure pursuant to section 702.10 . . . that the trial court lacked authority to enter the final judgment of foreclosure pursuant to section 702.10 . . .

MDTR LLC v. DEUTSCHE BANK NATIONAL TRUST COMPANY FOR INDYMAC INDX MORTGAGE LOAN TRUST MORTGAGE PASS- THROUGH CERTIFICATES SERIES, 224 So. 3d 781 (Fla. Dist. Ct. App. 2017)

. . . that the trial court erred in entering final judgment without a trial, purportedly pursuant to section 702.10 . . . Id. § 702.10(l)(b). . . . Further, section 702.10(l)(d) states, If the court finds that all defendants have waived the right to . . . Id. § 702.10(l)(d). . . . In accordance with section 702.10, the order stated, The filing of defenses by a motion, a responsive . . .

NELSON, v. COLORADO. A. v., 137 S. Ct. 1249 (U.S. 2017)

. . . Between Nelson's conviction and acquittal, the Colorado Department of Corrections withheld $702.10 from . . .

IN RE M. SNORDEN,, 559 B.R. 857 (Bankr. W.D. Mich. 2016)

. . . $613.70, punitive damages in the amount of $200.00, and attorneys’ fees and costs in the amount of $702.10 . . .

MADURA, v. BAC HOME LOANS SERVICING, LP, f. k. a. LP, N. A., 655 F. App'x 717 (11th Cir. 2016)

. . . . § 702.10(1). . . . Id. § 702.10(l)(a)(l). . . . Stat. § 702.10(1) is inaccurate, because BOA did not move for an order to show cause in this case, and . . . § 702.10 procedures do not appear to apply. . . . Stat. § 702.10(1)(a)(1); cf. . . .

IN RE NASSAU DEVELOPMENT OF VILLAGE WEST CORP. Jr. v. a C., 547 B.R. 857 (Bankr. S.D. Fla. 2016)

. . . the removal on December 31, 2015, the trial court had scheduled an Order to Show Cause pursuant to § 702.10 . . . commenced in state court and proceeded to the verge of a hearing on an Order to Show Cause pursuant to § 702.10 . . .

In AMENDMENTS TO FLORIDA RULES OF CIVIL PROCEDURE, 190 So. 3d 999 (Fla. 2016)

. . . Chapter 2013-137 also amended section 702.10, Florida Statutes, relating to orders to show cause why . . . These forms are meant to be used in proceedings under section 702.10, Florida Statutes (2015). The. . . . This form is designed to comply with section 702.10', Florida Statutes (2013). • . .. . . . Any final judgment of foreclosure entered under section 702.10(1) Florida Statutes, shall be only for . . .

ANDROS DEVELOPMENT CORP. v. BENITEZ a k a Jr., 178 So. 3d 918 (Fla. Dist. Ct. App. 2015)

. . . The order further provides that pursuant to section 702.10(2)(f), Florida Statutes, and We Help Community . . .

G. REID, v. COMPASS BANK,, 164 So. 3d 49 (Fla. Dist. Ct. App. 2015)

. . . created by this act, applies to cases filed on or after July 1, 2013; however, the amendments to s. 702.10 . . .

In AMENDMENTS TO FLORIDA RULES OF CIVIL PROCEDURE, 153 So. 3d 258 (Fla. 2014)

. . . Chapter 2013-173 also amended section 702.10, Florida Statutes (2012), relating to orders to show cause . . . This form is designed to comply with section 702.10, Florida Statutes (2013). . . .

WE HELP COMMUNITY DEVELOPMENT CORPORATION, a v. CIRAS, LLC,, 144 So. 3d 578 (Fla. Dist. Ct. App. 2014)

. . . In 2010, sections 702.10(1) and (2) provided, in pertinent part: (1) After a complaint in a foreclosure . . . The court entered the order to show cause as to both sections 702.10(1) and (2). . . . ’s failure to comply with a payment order entered pursuant to section 702.10(2)(d). . . . Our conclusion also is consistent with the 2013 amendment to section 702.10. . . . In 2013, the Legislature amended section 702.10. . . .

BARRNUNN, LLC, a v. TALMER BANK AND TRUST a a, 106 So. 3d 51 (Fla. Dist. Ct. App. 2013)

. . . Because the trial court entered final judgment without complying with section 702.10(1), Florida Statutes . . . On the same day, Talmer filed a motion pursuant to section 702.10(1) requesting that the trial court . . . There are no Florida cases that interpret the current version of section 702.10(1) as applied to the . . . Section 702.10(1) continues: (b) The right to be heard at the hearing to show cause is waived if the . . . Section 702.10(1) thus contemplates a procedure to expedite the portion of mortgage foreclosure cases . . .

PARK AVENUE TOWN CENTER, LLC, v. M I MARSHALL ISLEY BANK,, 82 So. 3d 208 (Fla. Dist. Ct. App. 2012)

. . . See § 702.10(2)(e), Fla. . . .

TRUCAP GRANTOR TRUST v. W. PELT A. No. PNC N. A., 84 So. 3d 369 (Fla. Dist. Ct. App. 2012)

. . . Further, Muss involved an expedited foreclosure proceeding under section 702.10, Florida Statutes (1993 . . . Section 702.10(1), Florida Statutes (2010), requires, among other things, that the complaint be verified . . . Section 702.10 does not specify the language required for verification. . . .

FARAH REAL ESTATE AND INVESTMENT, LLC, v. BANK OF MIAMI, N. A., 59 So. 3d 208 (Fla. Dist. Ct. App. 2011)

. . . The Bank subsequently filed an action seeking to foreclose the mortgage and, pursuant to section 702.10 . . . The Bank subsequently filed an action seeking to foreclose the mortgage and, pursuant to section 702.10 . . . Specifically, section 702.10(2)(d) provides as follows: [T]he court shall, at the hearing on the order . . . See. § 702.10(2)(d), Fla. Stat. (2010). . . . See § 702.10(2)(d), (f), Fla. . . .

In PHILLIPS, 439 B.R. 892 (Bankr. N.D. Ala. 2010)

. . . . §§ 702.06, 702.10. . . .

MASSEY, v. F. DAVID,, 979 So. 2d 931 (Fla. 2008)

. . . procedural provisions are directly related to the definition of those rights, we hold that section 702.10 . . .

PENINSULAR PROPERTIES BRADEN RIVER, LLC, v. CITY OF BRADENTON, FLORIDA,, 965 So. 2d 160 (Fla. Dist. Ct. App. 2007)

. . . further example, in Caple, 753 So.2d 49, the supreme court reviewed the constitutionality of section 702.10 . . .

R. CAPLE, v. TUTTLE S DESIGN- BUILD, INC., 753 So. 2d 49 (Fla. 2000)

. . . Caple, 712 So.2d 1213 (Fla. 3d DCA 1998), wherein the Third District Court of Appeal declared section 702.10 . . . Thus, Tuttle reasons, section 702.10(2) encroaches upon this Court’s rulemaking authority. . . . See § 702.10(2)(a)(5); cf. . . . See § 702.10(2)(a)(3); cf. Mitchell, 416 U.S. at 619, 94 S.Ct. 1895. . See § 702.10(2)(d); cf. . . . See § 702.10(2)(d); cf. Unique Caterers, Inc. v. . . .

TUTTLE S DESIGN- BUILD, INC. v. R. CAPLE,, 712 So. 2d 1213 (Fla. Dist. Ct. App. 1998)

. . . Caple and Caple Enterprises, Inc., interest payments under subsection (2) of section 702.10, Florida . . . We reverse, finding subsection (2) of section 702.10 unconstitutional because it fails to protect mortgagors . . . However, section 702.10(2) lacks a fundamental due process protection: a provision for a creditor bond . . . In this case, pursuant to subsection (2) of section 702.10, the court has awarded the mortgagees, who . . . under the mortgage as mandated by 702.10(2). . . .

D. WHITEHURST, Jr. E. v. E. CAMP L., 677 So. 2d 1361 (Fla. Dist. Ct. App. 1996)

. . . trial court erred in not utilizing the so-called “fast track” procedure for foreclosures under section 702.10 . . .

A. MUSS, v. LENNAR FLORIDA PARTNERS I, L. P. a, 673 So. 2d 84 (Fla. Dist. Ct. App. 1996)

. . . We affirm an order granting final judgment of foreclosure under section 702.10, Florida Statutes (1993 . . . In December 1993, Lennar Florida Partners I, as authorized by section 702.10, sought a summary foreclosure . . . Pursuant to the procedure set forth in section 702.10(l)(a), an order to show cause was served on Appellant . . . Reviewing section 702.10 in light of the requirements in section 92.525, we find no basis for permitting . . . verification under section 702.10 to be made solely on “information or belief.” . . .

WAK, LIMITED, INC. v. SIMKINS INDUSTRIES, INC., 658 So. 2d 571 (Fla. Dist. Ct. App. 1995)

. . . The foreclosure judgment in this case was entered pursuant to subsection 702.10(1), Florida Statutes . . . Id. § 702.10(l)(a)(8)(b). . . .

G. SMITH, Sr. a v. ORTHO PHARMACEUTICAL CORPORATION,, 770 F. Supp. 1561 (N.D. Ga. 1991)

. . . understanding of the jury, the expert’s testimony will not usually be admissible. 11 Moore’s Federal Practice § 702.10 . . .

UNITED STATES, v. F. BAKER, U. S., 30 M.J. 262 (C.M.A. 1990)

. . . . § 702.10 (inspection of all "suitcases, briefcases, large envelopes, [and] packages” of patrons of . . .

YAMAHA INTERNATIONAL CORPORATION, v. HOSHINO GAKKI CO. LTD., 840 F.2d 1572 (Fed. Cir. 1988)

. . . Bendix, Moore’s Federal Practice § 702.10[3] (2d ed. 1985). Yamaha has not shown manifest error. . . .

UNITED STATES v. KOZMINSKI,, 821 F.2d 1186 (6th Cir. 1987)

. . . Bendix, Moore’s Federal Practice, § 702.10[3] (2d ed. 1985). . . .

MERCADO, v. AUSTIN POLICE DEPARTMENT,, 754 F.2d 1266 (5th Cir. 1985)

. . . Bendix, Moore’s Federal Practice § 702.10[3], at VII-29 (1982) (footnote omitted). . Stancill v. . . .

UNITED STATES v. DYSART,, 705 F.2d 1247 (10th Cir. 1983)

. . . 10th Cir.), cert. denied, 454 U.S. 829, 102 S.Ct. 122, 70 L.Ed.2d 104; 11 Moore’s Federal Practice § 702.10 . . .

DUNN v. SEARS, ROEBUCK CO., 639 F.2d 1171 (5th Cir. 1981)

. . . See also 11 Moore’s Federal Practice § 702.10[3] (2d ed. 1976); 3 J. Weinstein & M. . . .

E. HUDDLESTON E. Jr. v. HERMAN a A., 640 F.2d 534 (5th Cir. 1981)

. . . See generally 11 Moore’s Federal Practice § 702.10[1] (2d ed. Supp.1976). . . .

V. BOWEN, v. UNITED STATES POSTAL SERVICE, AFL- CIO, V. BOWEN, v. UNITED STATES POSTAL SERVICE, AFL- CIO,, 642 F.2d 79 (4th Cir. 1981)

. . . See 11 Moore’s Federal Practice § 702.10[2] (1976). Under that test, Ms. . . .

P. GARBINCIUS, C. v. BOSTON EDISON COMPANY, Co., 621 F.2d 1171 (1st Cir. 1980)

. . . cert. denied, 397 U.S. 943, 90 S.Ct. 959, 25 L.Ed.2d 124 (1970); see 11 Moore’s Federal Practice § 702.10 . . .

V. MORVANT, v. CONSTRUCTION AGGREGATES CORPORATION,, 570 F.2d 626 (6th Cir. 1978)

. . . reached the opposite conclusion on admissibility, (footnotes omitted) 11 Moore’s Federal Practice § 702.10 . . .