Earlier this month, the Florida Supreme Court released Florida Rule of Civil Procedure 1.491 (General Magistrates for Residential Foreclosure Matters). This new rule essentially moves the May 2013 amendments to Rule 1.490 to a new, separate rule which is limited to residential foreclosure cases.
In its opinion releasing Rule 1.491, the Florida Supreme Court commented:
As was the case with the May 9, 2013, amendments to rule 1.490, new rule 1.491 is adopted to help alleviate the residential mortgage foreclosure case backlog Florida courts are facing by expanding the use of general magistrates in mortgage foreclosure cases by authorizing referral of those cases to general magistrates based on implied consent of the parties.
The Rule 1.491 includes some specific time frames and procedures pertaining to the appointment of General Masters in residential foreclosure cases, so foreclosure practitioners should be sure to review the new rule.
