- Who sends it
- The judge signs it at the lender's request; the lender must serve it on you
- What it starts
- A countdown to a hearing on final judgment, set at least 20 days after you are served with the order
- Do this first
- Find the hearing date and call legal aid today
What this document is in Florida
Section 702.10(1) of the Florida Statutes lets a lender ask the judge to skip the usual slower steps. The judge reviews the file without a hearing. If the complaint is verified, meets the note rules in section 702.015, and states a foreclosure claim, the judge signs an order to show cause.
The order must set the date and time of the hearing, say when the lender must serve it, and attach the proposed final judgment the lender wants. It must also explain that you can file affidavits or other papers and appear yourself or through a lawyer.
What it does and does not mean
- It is not a final judgment, and your home is not sold. It is a hearing notice with a warning attached.
- The statute says that if you do not appear and do not file a motion, a sworn or verified answer, affidavits or other papers, that presumptively shows you gave up your right to be heard. The judge can then enter a default and a final judgment that sets a sale.
- If you file papers or present evidence that raise a real factual dispute or a legal defense, that counts as cause, and the judge cannot enter final judgment at that hearing.
- A judgment under this procedure is against the property only. It does not by itself stop a lender from later asking for a deficiency where Florida law allows one. See deficiency judgments in Florida.
- If your home is owner-occupied, the separate part of section 702.10 that lets a lender ask for payments during the case or an order to move out does not apply to you. A homestead exemption on the tax roll before the case was filed is presumed to show owner occupancy.
The hearing date and how it is set
The hearing cannot be set earlier than the later of two dates: 20 days after the order to show cause is served on you, or 45 days after the complaint was served on you. If you were served by publication, it cannot be earlier than 30 days after the first publication (Fla. Stat. § 702.10(1)(a)).
- Count from the day of service, not the day the judge signed the order.
- Under Rule 2.514, start counting on the first day after service that is not a weekend or legal holiday, then count every day.
- The date printed in the order is the one that matters. Put it on your calendar and plan to be there in person or by the method the order allows.
- If the court runs out of time, the judge can continue the hearing. Only parties who appeared at the first hearing must be told the new date, which is one more reason to appear.
What to do this week
- Call the free legal aid office for your county through Florida Law Help: Find a Provider, or The Florida Bar Lawyer Referral Service at 800-342-8011.
- Before the hearing, file a written motion or a sworn (verified) answer, or affidavits that explain your defenses, and send copies to the lender's attorney. If you already filed an answer that was not sworn, ask legal aid whether you need to file more.
- Read the proposed final judgment attached to the order. Check the amounts claimed, including attorney's fees. If the fees asked for are not more than 3 percent of the principal owed when the case was filed, the statute says no separate hearing on them is needed.
- Go to the hearing. Bring copies of everything you filed.
- Keep your servicer application moving. See how to stop a Florida foreclosure.
If the judge enters judgment
If a final judgment is entered, the sale is set 20 to 35 days later unless the lender agrees to a later date. Read our page on the Florida final judgment of foreclosure right away, and the steps on what to do when a Florida sale date is set.
The rest of the Florida process
See how foreclosure works in Florida, the timeline, ways to stop it and free help in Florida, or read the national guide to this letter.
Common questions
How soon can a Florida order to show cause hearing happen?
Not before the later of 20 days after the order is served on you or 45 days after the complaint was served on you, under section 702.10(1). If you were served by publication, not before 30 days after the first publication.
Is filing an answer enough to stop judgment at the hearing?
The statute says a motion, a sworn or verified answer, affidavits or other papers that raise a genuine factual issue or a legal defense count as cause not to enter judgment. An answer that does not contest the foreclosure does not. Legal aid can tell you whether what you filed is enough.
Can the lender make me pay or move out during the case with this order?
Not if the home is owner-occupied. Section 702.10(2), which allows orders for payments during the case or to vacate, does not apply to the foreclosure of an owner-occupied residence.
Other Florida letters
- Summons and Complaint to Foreclose MortgageIn Florida a lender cannot sell your home without a court case, and the summons is how that case reaches you. You have 20 calendar days after you are served to file a written response with the clerk. A phone call to the lender does not count as a response.
- Final Judgment of ForeclosureThe final judgment is the judge's order that the clerk sell your home if the amount in it is not paid. It sets the sale date, usually 20 to 35 days later. You can still stop the sale by paying the full judgment amount before the clerk files the certificate of sale.
- Notice of Sale (Notice of Foreclosure Sale)In Florida the notice of sale is the public ad for the clerk's auction of your home after a final judgment. It must run for at least 2 weeks before the sale. Until the clerk files the certificate of sale, you can still stop the sale by paying the full judgment amount.
- Certificate of Sale and Certificate of TitleThe certificate of sale is the clerk's record that your home was sold at auction, and filing it ends your right to pay off the judgment. If no one objects within 10 days, the clerk files a certificate of title and the buyer becomes the owner.
- Writ of PossessionA writ of possession is the court paper that orders the sheriff to remove everyone from the home and put the new owner in possession. In Florida it comes after the certificate of title and a court order. Clerks report that once the sheriff serves it, everyone must be out within 24 hours.