Serving Flagler, Putnam, St. Johns and Volusia Counties

Serving Flagler, Putnam, St. Johns, and Volusia Counties

CV-2010-016-SC

IN THE CIRCUIT COURT OF FLORIDA, EVENTH JUDICIAL CIRCUIT IN AND FOR FLAGLER, PUTNAM, ST. JOHNS AND VOLUSIA COUNTIES

Re: WRITS OF POSSESSION IN RESIDENTIAL MORTGAGE FORECLOSURE CASES

Ref: CV-2010-016-SC (Rescinds CV-2002-016-VL)

WHEREAS, the Federal Protecting Tenants at Foreclosure Act (Public Law 111-22, Division A, Title VII) became law on May 20, 2009, and

WHEREAS, it has come to the attention of the undersigned that some may not be aware of the provisions of the Act;

NOW THEREFORE, I, J. DAVID WALSH, Chief Judge of the Seventh Judicial Circuit, hereby order that effective April 1, 2010, persons filing motions for Writs of Possession in residential mortgage foreclosure proceedings in the counties of the Seventh Judicial Circuit of Florida must include the following certification in said motions:

  • I HEREBY CERTIFY that there are no tenants in possession of the subject property, or, if there are, that such tenants have been provided with requisite notice pursuant to the Federal Protecting Tenants at Foreclosure Act, and this motion does not seek an order that violates any tenant’s right to continued occupancy under the Act.

TO BE RECORDED in Flagler, Putnam, St. Johns & Volusia counties.

DONE AND ORDERED in Daytona Beach, Volusia County, Florida this 26th day of March 2010.

/s/ J. David Walsh
J. David Walsh
Chief Judge

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Serving Flagler, Putnam, St. Johns and Volusia Counties