The following article details the final court proceedings for foreclosure cases in the state of Florida. The article details the different scenarios that can occur to finalize a foreclosure case. It is important for people facing foreclosure in the state of Florida to be aware of their rights so that they can do everyhthing in their power to stop foreclosure through legal remedies.

The right to be heard at the hearing to show cause is waived if the defendant, after being served as provided by law with an order to show cause, engages in conduct that clearly shows that the defendant has relinquished the right to be heard on that order. The defendant's failure to file defenses by a motion or by a sworn or verified answer or to appear at the hearing presumptively constitutes conduct that clearly shows that the defendant has relinquished the right to be heard.

If the court finds that the defendant has waived the right to be heard, the court may promptly enter an order requiring payment in the amount provided or an order to vacate the premises. Under and order to vacate the premises, the order is delivered to the County Sheriff for eviction should the mortgagor continue to occupy the premises.

If the court finds that the mortgagor has not waived the right to be heard on the order to show cause, the court will, at the hearing on the order to show cause, consider the affidavits and other showings made by the parties appearing and make a determination of the probable validity of the underlying claim alleged against the mortgagor and the mortgagor's defenses. If the court determines that the mortgagee is likely to prevail in the foreclosure action, the court shall enter an order requiring the mortgagor to make the payment to the mortgagee and provide for a remedy. However, the order shall be stayed pending final adjudication of the claims of the parties if the mortgagor files with the court a written undertaking executed by a surety approved by the court in an amount equal to the unpaid balance of the mortgage on the property, including all principal, interest, unpaid taxes, and insurance premiums paid by the mortgagee.

In the event the court enters an order requiring the mortgagor to make payments to the mortgagee, payments shall be payable at such intervals and in such amounts provided for in the mortgage instrument before acceleration or maturity. The obligation to make payments pursuant to any order entered under this subsection shall commence from the date of the motion filed hereunder. The order shall be served upon the mortgagor no later than 20 days before the date specified for the first payment. The order may permit, but shall not require the mortgagee to take all appropriate steps to secure the premises during the foreclosure action.

In the event the court enters an order requiring payments the order shall also provide that the mortgagee shall be entitled to possession of the premises upon the failure of the mortgagor to make the payment required in the order unless at the hearing on the order to show cause the court finds good cause to order some other method of enforcement of its order.

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