Show Me What You’ve Got! Expedited Foreclosures Explained

Below is a brief primer designed to explain to lenders how the rules of Florida real property foreclosures have evolved to make things easier (and faster) for lenders.

The foreclosure process can be a lengthy and drawn-out process. The show cause procedure in foreclosure actions aims to expedite this process by providing a faster resolution for mortgage-foreclosure cases that are not significantly defended. An order to show cause in a foreclosure action allows the lender to speed up the process by requiring the borrower to appear before the court and explain why a final judgment of foreclosure should not be entered against them. This expedited process can save time, money, and judicial resources.

To obtain an order to show cause in a foreclosure proceeding, the lender must first file a verified complaint in compliance with Florida Statute § 702.015, alleging a cause of action to foreclose on real property. Simultaneously with the complaint or anytime thereafter, the lender must file a motion for an order to show cause why a final judgment of foreclosure should not be entered. The court will then review the motion. If the court finds that the complaint is verified, alleges a cause of action to foreclose on real property, and complies with Florida Statute § 702.015, it will issue an order to show cause, directing the named defendant to show cause why a final judgment of foreclosure should not be entered.

After the order to show cause is issued, it must be served on the defendant according to the Florida Rules of Civil Procedure. If the defendant has already been served with the complaint, service of the order may be made in the same manner. If not, the order, along with the summons and a copy of the complaint, must be served as provided by law for original process. To satisfy due process requirements, which mandate that the borrower is given adequate notice and an opportunity to respond, Florida law requires that the order to show cause must set a hearing date and time, which cannot be sooner than the later of 20 days after service of the order to show cause or 45 days after service of the initial complaint. If service is obtained by publication, the hearing date may not be set sooner than 30 days after the first publication. The order must also inform the defendant of their right to file affidavits or other papers and to appear personally or by an attorney at the hearing. If the defendant fails to appear or file defenses, they are deemed to have waived their right to a hearing, and the court may enter a final judgment of foreclosure. Conversely, if a defending party responds, they may “show cause” why a foreclosure judgment should not be entered by filing defenses that “raise a genuine issue of material fact” or otherwise constitute a legal defense to foreclosure. A defendant’s defenses will constitute cause and thus preclude the entry of a final judgment at the hearing to show cause.