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dylatess
dylatess, Attorney
Category: Legal
Satisfied Customers: 4822
Experience:  36 plus years representing clients with their legal issues
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Hello, My wife and I submitted an "OWNER CLAIM FOR MORTGAGE

Customer Question

Hello, My wife and I submitted an "OWNER CLAIM FOR MORTGAGE FORECLOSURE SURPLUS" to Leon County Clerk of Courts (Florida) along with the statutorily required fee of $50. This was done on May 22 this year. After watching the docket on line and seeing no action, I called and a representative informed me that the judge has reviewed it with "no action required". She mentioned a "proposed order". Are you able to tell from the brief description above whether I filed all of the proper forms? I get the impression I just need one more, but don't want to irritate the judge. Thank you very much. Steve
Submitted: 1 year ago via Cornell Legal Info Institute.
Category: Legal
Expert:  dylatess replied 1 year ago.
Hello and thank you for your question. For over 34 years I have answered questions just like yours. And I look forward to assisting you.
I reviewed the form on line as well as the filing instructions. Likewise, the judge issues the order upon review of the form and there is nothing more required that you need to do. the botXXXXX XXXXXne is that so long as there are no other liens other than what was owed to the mortgage holder/bank, and you attest to this under penalty of perjury, and no objections are filed, your request will be granted. Therefore it is not a matter of irritating the judge but being patient for the file to be processed. The botXXXXX XXXXXne is that if there is any problem with your submission, you will be contacted. I wish you well.
Customer: replied 1 year ago.

Hi Dylatess,


 


It sounds like you've covered everything, so thank you for the Excellent service. Thank you also for taking a look at the form to be more certain. Just to make sure I fully understand: The judge's "no action required." doesn't mean that the judge personally will be performing no action, but rather means that no action is required by me. If anything is needed by me, they will contact me. I was just afraid of not having something (and the clerk that I spoke with sort of got me worried) and the case closing because I didn't submit this "Proposed Order" by some secret deadline. I was also afraid that I maybe should have submitted copies of that form to all members on the case. I only sent it to the clerk of courts. Again thank you. Steve

Expert:  dylatess replied 1 year ago.

You are correct- nothing further is required of you at this time. I wish you well.

 

Please be so kind as to rate my reply ok or better so that I am compensated for assisting you.

dylatess, Attorney
Category: Legal
Satisfied Customers: 4822
Experience: 36 plus years representing clients with their legal issues
dylatess and 13 other Legal Specialists are ready to help you
Customer: replied 7 months ago.

Hi dylatess,


 


Back in August I asked about the status of my case in regards to an "OWNER CLAIM FOR MORTGAGE FORECLOSURE SURPLUS" and you recommended that I wait. Now it seems they are considering closing my case. I have waited almost a year in total now (since 5/23/13), so I recently sent the Judge's judicial assistant an inquiry stating:


 


"I see from the case view that the most recent Action Dscr has a Status of RO with the same date that our case was reopened (5/23/2013). Could you possibly clarify what this status represents (release order / reopened perhaps), and what our next steps might be?" and she replied:


 


"Nothing had been docketed since 5/23/13 and since then there has been no activity.



I am unable to answer what is going on in this matter, since the Final Judgment was entered, if may just need to be closed."

Is waiting still the best thing to do?
Expert:  Brent Blanchard replied 7 months ago.
Thank you for your question.

The clue that was missed (I must apologize for my colleague) was the statement about a "proposed order". As soon as you submit it--to chambers for signature, not filed with the court clerk--the judge will sign off on it if it is even close to correct, and then you can file it and send out the notice of entry of order to everyone who is supposed to get it.

Some judges prefer to write their own orders. Many attorneys prefer to write their own proposed orders for the judge to sign. The official reason is that they want to make sure everything is done properly for their client. The other reasons are it is a chance to slip in maybe a little more than the judge ruled on or that the situation warrants, and it is also another way to bill another quarter- to half-hour to the client (however, some orders involve so many factors and such they can literally take hours to craft).

The court clerk cannot legally tell you how to write it, but a good Practice Guide for Colorado (go deeper to real property law if possible) at the local law library can be a lot of inexpensive help.

The gist of an order for what you describe is generally:

THE COURT, having read and considered the [document name, petition, application, whatever] of so-and-so filed in the above-captioned case on [date], [no opposition filed? or considering the opposing memoranda or whatever they were called], and good cause appearing, it is hereby

ORDERED that [list all the stuff that was asked for in the claim for mortgage surplus].

Then just put the dated this ___ day of April, 2014.

and the signature block for the judge.

It would be a good idea to immediately call the judge's secretary/judicial administrative assistant or whomever shields the judge from improper one-sided contact with litigants to alert them that you didn't understand that you needed to submit a proposed order, and that you are getting one put together by TOMORROW.
Expert:  Brent Blanchard replied 7 months ago.
I see that you viewed my Answer the day after I posted it.

Is there anything left to address? I would appreciate a positive rating if I have provided useful information.

Thank you.

BAB.
Customer: replied 7 months ago.

Thank you Brent. I don't mean to keep you waiting. I'll respond as soon as I get a chance to verify some things. I was really hoping to get a response from dylatess when I posted, and I have slight concern about JustAnswer not having routed this question to him (or at least a Florida expert - which probably isn't your fault). I get the impression your steering me in the proper direction anyway - in which case I'll be glad to leave a favorable rating.

Expert:  Brent Blanchard replied 7 months ago.
Thank you for responding.

Requests for a specific Expert are usually held for only an hour or so. The other Expert showed as having opted out of the question, so I stepped in.

Thank you.

BAB.


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dylatess
dylatess
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