Motion to Cancel Foreclosure Sale, Notice of Hearing, Form Order on Motion to Cancel Foreclosure Sale, and Court instructions on filing (Blank sample forms)IN THE CIRCUIT COURT OF THE 41™ JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CIRCUIT CIVIL DIVISION Plaintiff Case No: vs. Defendant SS 10" ie] FORECLOS| ‘The Defendant(s), hereby move this court for the entry of an Order: ‘canceling the foreclosure sale sot in this , and states action for. as. follows: 1. final Judgment was entered In this mortgage foreclosure on —_——_—______ 20__, and the foreclosure sale was sat for a 20, {tis Imperative that the foreclosure sale be cancelled for the following 2, reason(s); Cancellation ofthis sate will not prejudice any party and ls sought In the 3. Interest of justice and equity. WHEREFORE, the Defendant aske tl the cancellation of the foreclosure sale, py of thls Motion to Cancel Foreclosure Sale was hls court to grant this motion and to order | HEREBY CERTIFY, that a co malled or hand-delivered to the below. addressee(s) on co: Name TL Address ‘TelephoneIN THE CIRCUIT COURT OF THE 41™ JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CIRCUIT CIVIL DIVISION Plaintiff Case No.: vs, Defendant / NOTICE OF HEARING PLEASE TAKE NOTICE that a hearing has been set before the Honorable Judge , In chambers at the Miami-Dade County Courthouse, 73 West Flagler Street, Room onthe —— dayof___ 20st clock amépm oras soon as the matter may be heard upon the MOTION: (Note: Motion must also be filed) Please Govern Yourselves Accordingly | HEREBY CERTIFY that the original of this notice was filed with the court and a true and correct copy was on this day of, » 20__ mailed and/or hand-dellvered to the below addressee(s). ce: Filed By: Address: Telephone If you are a porson with a disability who needs any accommodation iu order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance, Please contact the Eleventh Judicial Circuit Court’s ADA Coordinator, Lawson E. Thomas Courthouse Center, 175 NW 1" Ave. Suite 2702, Miami, FL, 33128, Telephone (305) 349-7175; TDD (305) 349-7355; at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.IN THB-CIRCUIT COURT OF THE HLBVBNTH JUDICIAL CIRCUIT INAND POR DADB COUNTY, FLORIDA CIRCUIT CIVIL DIVISION CARE NO: Fi % Datendant. ‘THIS CAUSE was rorlowed by io Court upon a request for omargonoy heaing, C] THE CounT AS EXAMINED SAME AND DETERMINED THAT THIS MATTER DOES NOT CONSTITUTE AN EMERGENCY. Any urgency 'sduoto[_}Plladf's{_Dofendunt'sfalluroto set dligently nel felluro to attend to tho impending sale oto, ‘Tho [_}Plalntf's {_}Dofeadants acon wnt {Jono L]iwo hy ($)boforetho foreclasurosaladoos ot conslutosn nargency. THE REQUEST FORAN EMERGENCY NEARING IS‘THERLVORE DENIED, TUE COURT HAS EXAMINED SAME AND DETERMINED TUAT THiS MATTER DORS go CONSTITUTE AN EMERGENCY and thus, having como on to bo herd on this_ day of +20__ on{ho above Motton and tho Court being advised In tho Prendses tis horcupon, ORDERED AND ADJUDGHD tht sald Motion be, andthe samo hereby Clorawrep duoto: loss mitigatanovldonco evidence viable shot sal ovidenco ay Caso emont ofl partes forbearancaogrcanont Citheroforo, tho slo scheduled for, 20_Iscancolled, Clams duo to: Diteok ofsupporting documentation to ‘ovidenco grounds Cte Cour apectcaly nds tht Plait dld not Cleok of consent of condomintum or _nko reasonable offortst0 move to cance! tho sale ‘homeowner's assoolalon Clothe, Dentdenca of tenant jet al, Ta party 0 moves, ho party Is ordered eel doesnot prevent any party fom movig fo veeto tho su of tho hoaring to all parttes and the buyer of tho subject property. send nates Tithe Féreolosure to shal be rescheduled for ho, day of Eo DATED this, day of. +20_. CIRCUFT T0DGB Coptoe to:Are you filing a motion to cancel sale? ‘Your motion will be heard before the Foreclosure Master Calendar Courtroom 3-3 Miami Dade County Courthouse 73 West Flagler Street, Miami, Fla. 33130. Hearings take place Monday through Friday at 8:30 A. M. Division Judges do not hear these motions. ONLY CIRCUIT CIVIL CASES WILL BE HEARD IN COURTROOM 3-3 ‘To Schedule your Hearing: ‘Step A: ‘You must file a written motion to cancel sale. Your motion must include why any earlier foreclosure sales were cancelled and why this sale should be cancelled now. You must have documentary ‘evidence to support your reason. Step 2: You must set your hearing and notify the other parties in your case. If you are fling an emergency ‘motion to cancel sale, your sale date must be scheduled within the next five (5) days; the calendar for ‘non-emergency mations is limited to 30 cases. Select a date Monday through Friday; the calendar is at 8:30AM, ‘Step 3: ‘Once you have selected your hearing date, you must send notice of hearing to all parties on the service list, including condominium and homeowners’ associations, as applicable. You must bring proof Of this notice to the hearing; a minimum notice of 48 hours by fax or e-mal is required for emergency hearings. Step 4: ‘You must file both the motion to cancel sale and the notice of hearing with the Clerk of the Courts, Room 133 on the First Floor of the Miami Dade County Courthouse. Remember to keep copies of your stamped, fled motion and notice to present in Court, ‘Step 5: ‘On the day of your hearing you must appear before the Presiding Judge in Courtroom 3-3 at 8:30 ‘AM, No one arriving after 9:25 A.M. will be heard. You are required to provide a copy of the Motion, Notice of Hearing, fax or email confirmation of notice to all partes, and any supporting documentation to the Presiding Judge. ‘NOTE: For sales that have already taken place: Any Motions filed after the foreclosure sale are handled by the Division Judge and will nat be heard in courtroom 3-3. Please contact the Division Judge's office and follow thelr procedures.