Summons
(Foreclosure) (FL)

Summary

This summons may be used in Florida to serve a mortgage foreclosure complaint on the defendant(s) in the action. This template contains practical guidance and drafting notes. This summons can be used in a commercial or residential foreclosure action and complies with Fla. R. Civ. P. Form 1.902. Once the summons is obtained from the clerk, counsel for the plaintiff should obtain a process server to serve the complaint and summons. The defendant must be served no later than 120 days after the filing of the initial pleading directed to the defendant. Fla. R. Civ. P. 1.070 (j). Personal or substitute service is permitted under Florida law. If personal or substitute service cannot be obtained, a foreclosure defendant may be served by publication only if the plaintiff makes repeated attempts at personal service and a diligent search and inquiry for other locations where the defendant might be located. Fla. Stat. Ann. § 49.021. For an affidavit template for use when a defendant cannot be located and must be served by publication see Affidavit of Diligent Search and Inquiry (Foreclosure) (FL). For guidance on foreclosure procedures in Florida see Residential Mortgage Foreclosure (FL) and Commercial Mortgage Foreclosure (FL). For complaint templates see Mortgage Foreclosure Complaint (Location of Promissory Note Known) (FL) and Mortgage Foreclosure Complaint (Location of Original Note Unknown) (FL).