Fla. R. Civ. P. 1.491

General Magistrates for Residential Mortgage Foreclosure Matters

sha256 b1d870ffc84cdd54a3fb0764b8c9fe6f… · retrieved 7/11/2026, 11:08:29 AM · The Florida Bar consolidated ed. eff. 04-01-2026 · verified 7/11/2026 by founder-directive-2026-07-11

RULE 1.491. 	GENERAL MAGISTRATES FOR RESIDENTIAL
MORTGAGE FORECLOSURE MATTERS
(a) 	General Magistrates for Residential Mortgage
Foreclosure. The chief judge of each judicial circuit shall appoint
such number of general magistrates to handle only residential
mortgage foreclosures from among the members of the Bar in the
circuit as are necessary to expeditiously preside over all actions and
suits for the foreclosure of a mortgage on residential real property;
and any other matter concerning the foreclosure of a mortgage on
residential real property as allowed by the administrative order of
the chief judge. Such general magistrates shall continue in office
until removed by the court. The order making an appointment shall
be recorded. Every person appointed as a general magistrate shall
take the oath required of officers by the Constitution and the oath
shall be recorded before the magistrate discharges any duties of
that office. General magistrates appointed to handle residential
mortgage foreclosure matters only shall not be required to give bond
or surety.
(b) 	Reference.
(1) 	Consent to a magistrate for residential mortgage
foreclosure actions and suits may be express or may be implied in
accordance with the requirements of this rule.

(A) 	A written objection to the referral to a
magistrate handling residential mortgage foreclosures must be filed
within 10 days of the service of the order of referral or within the
time to respond to the initial pleading, whichever is later.
(B) 	If the time set for the hearing is less than 10
days after service of the order of referral, the objection must be filed
before commencement of the hearing.
(C) 	Failure to file a written objection to a referral
to the magistrate handling residential mortgage foreclosures within
the applicable time period is deemed to be consent to the order of
referral.
(2) 	The order of referral to a magistrate handling
residential mortgage foreclosures shall be in substantial conformity
with this rule and shall contain the following language in bold type:
A REFERRAL TO A MAGISTRATE FOR A
RESIDENTIAL MORTGAGE FORECLOSURE MATTER
REQUIRES THE CONSENT OF ALL PARTIES. YOU ARE
ENTITLED TO HAVE THIS MATTER HEARD BEFORE
A JUDGE. IF YOU DO NOT WANT TO HAVE THIS
MATTER HEARD BEFORE A MAGISTRATE, YOU
MUST FILE A WRITTEN OBJECTION TO THE
REFERRAL WITHIN 10 DAYS OF THE TIME OF
SERVICE OF THIS ORDER OR WITHIN THE TIME TO
RESPOND TO THE INITIAL PLEADING, WHICHEVER
IS LATER. IF THE TIME SET FOR THE HEARING IS
LESS THAN 10 DAYS AFTER THE SERVICE OF THIS
ORDER, THE OBJECTION MUST BE MADE BEFORE
THE HEARING. FAILURE TO FILE A WRITTEN
OBJECTION WITHIN THE APPLICABLE TIME PERIOD
IS DEEMED TO BE CONSENT TO THE REFERRAL.
REVIEW OF THE REPORT AND RECOMMENDATIONS
MADE BY THE MAGISTRATE SHALL BE BY
EXCEPTIONS AS PROVIDED IN THIS RULE. A
RECORD, WHICH INCLUDES A TRANSCRIPT OF
PROCEEDINGS, MAY BE REQUIRED TO SUPPORT
THE EXCEPTIONS.

When a reference is made to a magistrate, either party may set
the action for hearing before the magistrate.
(c) 	General Powers and Duties. The provisions for the
general powers and duties of a magistrate in rule 1.490(d) shall
apply to proceedings under this rule.
(d) 	Notice of Hearings; Hearings. The provisions for notice
of hearings and hearings in rules 1.490(f)—(g) shall apply to
proceedings under this rule.
(e) 	Magistrate’s Report. The provisions for the requirement
of the magistrate’s report in rule 1.490(h) shall apply to proceedings
under this rule.
(f) 	Filing Report; Notice; Exceptions; Record. The
provisions for filing the report, notice, exceptions to the report, and
requirements for a record in rules 1.490(i)—(j) shall apply to
proceedings under this rule.
Committee Notes
2014 Adoption. This rule is the result of an emergency
petition by the Trial Court Budget Commission and is intended to
alleviate the backlog of residential mortgage foreclosure cases that
Florida courts are currently facing.
2015 Amendment. The changes are intended to adopt certain
procedural changes made to rule 1.490 by In re Amendments to
Florida Rules of Civil Procedure, 131 So. 3d 643 (Fla. 2013).

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