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  • May 20, 2026

How to Fill Out Florida Form 7.330 (w/Examples) + FAQs

Florida Form 7.330 is the official Motion for Default Final Judgment (Mortgage Foreclosure) you file after the clerk enters a default against a non-responsive defendant, and you complete it by inserting the case caption, identifying the defaulted defendants, attaching sworn proof of the debt, and asking the court to enter a final judgment of foreclosure. You fill it out by following the Florida Supreme Court approved form language, attaching an affidavit of indebtedness, a military service affidavit under the Servicemembers Civil Relief Act, an attorney’s fees affidavit, and a proposed final judgment that tracks Form 1.996(a) of the Florida Rules of Civil Procedure.

A missed deadline or a sloppy affidavit can sink an otherwise strong case. According to the Florida Courts 2024 Annual Report, more than 68,000 foreclosure cases were filed in Florida circuit courts last year, and clerks reported that roughly 1 in 4 default-related motions were rejected on first review for technical defects.

Here is what this guide will help you accomplish:

  • 📝 Complete every line of Florida Form 7.330 without triggering a clerk’s rejection
  • ⚖️ Understand the legal authority behind each section, from Rule 1.500 to Fla. Stat. § 55.03
  • 🧾 Assemble the supporting affidavits judges expect before signing a default judgment
  • 🚫 Avoid the seven most common mistakes that delay or void a default final judgment
  • 💰 Calculate principal, interest, costs, and attorney’s fees the way Florida judges require

What Florida Form 7.330 Really Is

Florida Form 7.330 is a Florida Supreme Court approved form titled Motion for Default Final Judgment (Mortgage Foreclosure). The form lives inside the Florida Rules of Civil Procedure Forms and serves as the procedural bridge between a clerk’s default and a judge’s signed final judgment. Plaintiffs use it most often in residential mortgage foreclosure actions, but the same structure applies to commercial foreclosures.

The form does not stand alone. You must pair it with a properly entered default under Florida Rule of Civil Procedure 1.500, an affidavit of indebtedness signed by a competent witness, and a proposed final judgment of foreclosure. The judge reviews the package and, if satisfied, signs the proposed judgment and sets a sale date with the clerk.

A common misconception is that Form 7.330 itself triggers the foreclosure sale. It does not. The motion only asks the court to enter the final judgment, and it is the final judgment under Form 1.996(a) that sets the sale date.

The consequence of confusing these two documents is real. If you draft Form 7.330 as if it were the judgment, the judge will deny the motion. You will then have to redraft, re-notice, and re-file, losing weeks in the process.

A real-world example shows the stakes. Maria, a small-bank loan officer in Tampa, filed Form 7.330 with a one-page motion and no proposed judgment. The judge denied the motion at a non-jury trial calendar. Maria refiled three weeks later with a complete package and finally received a sale date.

The Legal Authority Behind the Form

The motion’s authority flows from Florida Rule of Civil Procedure 1.500(e), which lets the court enter a final judgment after a default when the claim is for a sum certain or made certain by affidavit. In foreclosure, the “sum certain” is proven by the affidavit of indebtedness.

The Florida Constitution Article V gives circuit courts original jurisdiction over actions involving title to real property, which is why most Form 7.330 motions land in circuit, not county, court. County court handles foreclosures only when the property value falls below the statutory jurisdictional threshold.

The consequence of filing in the wrong court is dismissal for lack of subject-matter jurisdiction. David, a real estate investor in Orlando, once filed a $410,000 foreclosure in county court and lost six months before the case was transferred to circuit court.

A common misconception is that Rule 1.500(b), governing default by the court, lets you skip the clerk’s default. It does not in foreclosure cases where the borrower has not filed any paper, because Rule 1.500(a) authorizes the clerk to enter the default first.

Who Files It and When

The plaintiff—usually a lender, loan servicer, or assignee of the mortgage—files Form 7.330 after the defendant fails to file or serve any paper as required by Rule 1.140. The 20-day response window starts the day after personal service is completed under Rule 1.070.

Filing too early is a fatal error. If you file Form 7.330 on day 19, the judge will deny it because the defendant still has time to answer. If the defendant files even a one-line letter on day 20, you cannot get a clerk’s default at all, because Rule 1.500(a) bars default once any paper is served.

The consequence of premature filing is more than embarrassment. Some judges award the defendant attorney’s fees as a sanction under Fla. Stat. § 57.105 when a plaintiff pushes a motion the rules clearly forbid.

A common misconception is that the 20-day clock includes weekends but excludes the day of service. The day of service is excluded under Rule 1.090, and intermediate weekends count, but if day 20 falls on a Saturday, Sunday, or legal holiday, the deadline rolls to the next business day.

Step-by-Step: Filling Out Each Line of Form 7.330

The form has a consistent skeleton: caption, introductory paragraph, numbered factual allegations, prayer for relief, signature block, and certificate of service. Each part has rules drawn from the Florida Rules of Judicial Administration, particularly Rule 2.515 governing signatures.

You must e-file through the Florida Courts E-Filing Portal unless you qualify for a paper-filing exemption under Rule 2.525. Pro se filers may use the portal too, and the portal walks you through case-association steps.

The consequence of skipping the portal is a clerk rejection that does not toll any deadline. James, a self-represented landlord in Jacksonville, mailed his motion in 2024 and lost his place in line, allowing the borrower to file a late answer that defeated the default.

The Case Caption

Insert the full court name, judicial circuit, county, case number, and division on the first lines. Match the caption exactly to the complaint, including any DBA or trustee designation. Even a missing comma can cause a clerk’s rejection, because clerks index motions by exact caption match.

You must list every defendant from the complaint, even those not in default. Use “Defendants” in the plural and identify the specific defaulted defendants in the body of the motion. The Florida Supreme Court Standards for Electronic Access require captions to fit the portal’s metadata fields.

The consequence of mismatched captions is more than cosmetic. The judge’s assistant may not be able to find the file, and the motion may sit unheard for weeks. Priya, an attorney in Miami, lost a 30-day calendar slot because she abbreviated “LLC” as “L.L.C.” on her motion.

Introductory Paragraph

The introductory paragraph identifies the moving party, names the defaulted defendants, and cites Rule 1.500(e) as the authority. Use the form’s exact language: “Plaintiff moves for entry of a default final judgment against Defendants.” Do not paraphrase, because clerks compare your text against the approved form.

You must specify whether the default was entered by the clerk under Rule 1.500(a) or by the court under Rule 1.500(b). The two paths require different proofs, and conflating them is a common ground for denial.

The consequence of citing the wrong rule is denial without prejudice. You may refile, but each refiling resets the judge’s calendar and pushes the sale date back. In a rising-rate environment, that delay can cost the lender thousands in lost interest.

Numbered Factual Allegations

The numbered paragraphs lay out the procedural history: filing date of the complaint, date and method of service on each defaulted defendant, date of the clerk’s default, and the absence of any responsive pleading. Each fact must be supported by a docket entry or sworn affidavit.

Paragraph by paragraph, you also must allege the amount due, broken into principal, interest, late charges, escrow advances, property inspection fees, and attorney’s fees and costs. Each category must be itemized in the affidavit of indebtedness, which is attached as Exhibit A.

The consequence of lumping all amounts together is a denial under Bayview Loan Servicing v. Cox, 206 So. 3d 102 (Fla. 2d DCA 2016), where the appellate court reversed a final judgment because the affidavit failed to itemize charges.

A common misconception is that you can rely on the original promissory note’s stated rate without producing an updated payment history. You cannot, because Florida courts require contemporaneous business records under Fla. Stat. § 90.803(6) to prove the current balance.

Prayer for Relief

The prayer asks the court to enter a final judgment of foreclosure, set a sale date with the clerk, retain jurisdiction to enter a deficiency judgment, and award attorney’s fees and costs. Use the form’s bullet structure to avoid omissions.

You must also request that the court find the mortgage to be a first lien on the property and extinguish junior interests. Without this finding, the foreclosure sale will not deliver clean title, which can cause the high bidder to back out.

The consequence of omitting the lien-priority request is a defective judgment that requires a motion to amend under Rule 1.540(a). That motion adds 30 to 60 days and may require a new hearing.

Signature Block and Certificate of Service

The signature block must include the filer’s name, Florida Bar number (if an attorney), address, telephone, and primary and secondary email addresses for service under Rule 2.516. Pro se filers must list a physical address, not just a P.O. box.

The certificate of service confirms that you served all parties, including those in default, by e-mail through the portal. Defaulted defendants are entitled to notice of the motion even though they cannot contest it, because Rule 1.080 requires service of all post-default papers.

The consequence of skipping service on a defaulted defendant is a void judgment. In Becerra v. Equity Imports, Inc., 551 So. 2d 486 (Fla. 3d DCA 1989), the court vacated a final judgment where the defaulted defendant was not served with the motion for final judgment.

Required Supporting Documents

Form 7.330 is only one piece of the package. The court expects four supporting documents that together prove the lender’s right to a judgment in a sum certain.

Each document has its own rules and pitfalls. Skipping any one of them gives the judge a reason to deny the motion or, worse, to vacate a judgment that was already entered.

Affidavit of Indebtedness

The affidavit of indebtedness is a sworn statement from a records custodian at the loan servicer that lays out the amount due. It must lay the business records foundation under Florida’s evidence code.

The affidavit must itemize principal, interest at the contract rate through the affidavit date, escrow advances, late fees, property inspection fees, BPO fees, and any other charges. Each category needs its own line, and the affiant must swear to personal knowledge of the records.

The consequence of a defective affidavit is more than denial. Under Glarum v. LaSalle Bank National Association, 83 So. 3d 780 (Fla. 4th DCA 2011), the appellate court reversed a final judgment because the affiant lacked personal knowledge of the prior servicer’s records.

Military Service Affidavit

The Servicemembers Civil Relief Act (SCRA), 50 U.S.C. § 3931, requires the plaintiff to file an affidavit stating whether each defaulted defendant is in military service. You generate this affidavit using the Defense Manpower Data Center (DMDC) website.

The affidavit must attach the DMDC certificate for each defaulted defendant. If a defendant is in military service, you cannot get a default judgment without first appointing an attorney to represent the servicemember.

The consequence of ignoring the SCRA is severe. The servicemember can move to vacate the judgment within 90 days of leaving active duty, and the lender can be liable for damages and attorney’s fees under 50 U.S.C. § 3931(b)(2).

A common misconception is that the SCRA only protects active-duty Army and Marines. It also protects activated National Guard members, certain Coast Guard members, and commissioned officers of the Public Health Service.

Attorney’s Fees Affidavit

If the plaintiff seeks attorney’s fees, an attorney must file an affidavit detailing the hours worked, the hourly rate, and the reasonableness of the fees under Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985). Many circuits also require an expert affidavit from a second attorney.

The fee award must be tied to a contractual or statutory basis. In foreclosure, the mortgage itself usually provides the contractual hook. Cite the specific paragraph of the mortgage in the affidavit.

The consequence of a thin fee affidavit is a reduced award. Judges routinely cut requested fees by 20 to 50 percent when the affidavit lacks detail. Sophia, a foreclosure attorney in West Palm Beach, lost $4,800 in fees on a single case because she failed to attach contemporaneous time records.

Proposed Final Judgment

The proposed final judgment must track Florida Rule of Civil Procedure Form 1.996(a), the approved form for foreclosure judgments. Submit it as a Word document so the judge can edit it.

The proposed judgment must include the legal description of the property, the amount due, the post-judgment interest rate under Fla. Stat. § 55.03, the sale date, and the right of redemption language. Get the legal description from the recorded mortgage, not from the tax roll.

The consequence of using a tax-roll description is a clouded title after the sale. The buyer’s title insurer may refuse coverage, forcing the lender to file a corrective action.

Three Common Scenarios

The way you fill out Form 7.330 changes based on the facts of the case. Three patterns dominate Florida foreclosure dockets.

Each scenario carries its own risks, and the table below shows the most likely outcome.

Scenario 1: Standard Residential Foreclosure

Filing Step Likely Court Outcome
Borrower fails to answer; clerk’s default entered on day 21; Form 7.330 filed with full affidavit package Final judgment entered within 30–45 days; sale date set 35 days out
Borrower files late one-paragraph letter on day 22; plaintiff still moves for default judgment Motion denied; case proceeds to non-jury trial
Borrower files motion to set aside default with affidavit of excusable neglect Default vacated under Rule 1.500(d) if borrower shows meritorious defense

Scenario 2: Commercial Foreclosure with Multiple Guarantors

Filing Step Likely Court Outcome
Three guarantors served; two default, one answers; Form 7.330 filed only against defaulted guarantors Partial final judgment entered against defaulted guarantors; case continues against answering guarantor
Plaintiff seeks deficiency judgment in same motion Court reserves jurisdiction; deficiency proven at separate evidentiary hearing
Plaintiff fails to plead written guaranty terms in complaint Motion denied; complaint must be amended under Rule 1.190

Scenario 3: Servicemember Defendant

Filing Step Likely Court Outcome
DMDC certificate shows defendant on active duty; plaintiff moves for default judgment anyway Motion denied; court appoints attorney for servicemember under SCRA
Plaintiff files motion to stay proceedings for 90 days under 50 U.S.C. § 3932 Case stayed; foreclosure paused until servicemember returns
Plaintiff ignores SCRA; judgment entered; servicemember later moves to vacate Judgment vacated; plaintiff liable for damages and fees

Mistakes to Avoid

Even experienced foreclosure attorneys repeat the same errors. Each one carries a concrete consequence that costs time, money, or both.

The list below covers the seven most common mistakes Florida judges flag at foreclosure calendars.

  • Filing before the 20-day response window closes, which guarantees denial under Rule 1.140 and may trigger sanctions.
  • Skipping the military service affidavit, which exposes the lender to a vacated judgment and SCRA damages.
  • Using a stale affidavit of indebtedness more than 60 days old, which most circuits reject as not reflecting the current balance.
  • Failing to itemize principal and interest separately, which violates Bayview Loan Servicing v. Cox and requires a redo.
  • Omitting the legal description from the recorded mortgage, which clouds title and blocks title insurance after the sale.
  • Forgetting to serve the motion on defaulted defendants under Rule 1.080, which voids the resulting judgment.
  • Pleading attorney’s fees without a contractual or statutory basis, which results in zero fees awarded even if you win.

A real-world example sharpens the point. Carlos, a paralegal in Fort Lauderdale, missed the SCRA affidavit on a $325,000 foreclosure. The borrower turned out to be an activated National Guard member, and the judgment was vacated 14 months after the sale, costing the lender $48,000 in legal fees and damages.

Another example involves Aisha, a pro se plaintiff in Tallahassee enforcing a small commercial mortgage. She used the tax-roll description instead of the recorded legal description and had to file a corrective deed two years later when the buyer tried to refinance.

A third example: Ravi, an attorney in Naples, lost a $12,000 fee award because his time records were summary entries rather than contemporaneous logs. The judge cut his fees by 60 percent.

Dos and Don’ts

The list below balances the affirmative steps and the avoidances that drive successful Form 7.330 filings.

  • Do verify the clerk’s default is on the docket before drafting Form 7.330, because the motion is meaningless without it.
  • Do pull a fresh DMDC certificate within seven days of filing, because outdated certificates trigger denial.
  • Do itemize every charge in the affidavit of indebtedness, because lumped totals violate Florida appellate precedent.
  • Do attach a Word version of the proposed final judgment, because judges prefer to edit rather than retype.
  • Do calendar the Rule 1.540 one-year window for any motion to vacate, because borrowers often file at month 11.
  • Don’t rely on a prior servicer’s records without laying a boarding foundation, because the affidavit will fail.
  • Don’t request post-judgment interest at the contract rate; use the statutory rate under § 55.03, which the Florida CFO publishes quarterly.
  • Don’t skip the lien-priority finding, because junior liens will survive the sale otherwise.
  • Don’t file paper if you have e-filing access, because clerks often misroute paper filings.
  • Don’t assume the borrower’s silence equals consent; serve every paper as if the case were contested.

Pros and Cons of Pursuing Default Final Judgment

Default final judgment is fast, but it carries risks that a contested judgment does not.

The points below help plaintiffs and counsel weigh the trade-offs before filing Form 7.330.

  • Pro: Faster path to sale, often 60 to 90 days from default to sale date in non-backlogged circuits.
  • Pro: Lower attorney’s fees because there is no discovery, summary judgment, or trial.
  • Pro: Cleaner record on appeal because the borrower’s defenses are deemed waived.
  • Pro: Predictable damages because the affidavit fixes the amount due.
  • Pro: Reduced exposure to counterclaims like FDCPA or TILA claims that a borrower might raise in a contested case.
  • Con: Vulnerable to a Rule 1.540(b) motion to vacate within one year on grounds of excusable neglect.
  • Con: SCRA exposure if the borrower is later found to be a servicemember.
  • Con: Title-insurance underwriting often requires a longer waiting period after a default judgment than after a contested judgment.
  • Con: Some judges scrutinize default packages more closely because the borrower is not there to object.
  • Con: Deficiency judgments are harder to obtain because the court must hold a separate evidentiary hearing.

Calculating the Numbers in Form 7.330

The amounts you put in Form 7.330 must match the affidavit of indebtedness to the penny. A mismatch of even one dollar is a common reason for denial.

The math involves principal, contract-rate interest, statutory post-judgment interest, costs, and fees, each with its own rules.

Principal and Contract-Rate Interest

Pull the unpaid principal balance from the loan servicer’s system of record as of the affidavit date. Add interest at the note rate from the date of last payment through the affidavit date. Use a 365-day year unless the note specifies otherwise.

Document the interest calculation as a separate exhibit. The exhibit should show the daily rate, the number of days, and the running balance. Judges often spot-check this math at the bench.

The consequence of a math error is denial, even if the error is in the lender’s favor. Linh, a servicer attorney in Sarasota, once overstated interest by $312 because she used a 360-day year by mistake, and the judge required a corrected affidavit before signing the judgment.

Post-Judgment Interest

Florida Statute § 55.03 controls post-judgment interest. The Florida Department of Financial Services publishes the rate quarterly. For 2026 Q2, the rate floats around 7.78 percent, but always check the current quarter before drafting.

You may request the contract rate post-judgment if the contract specifies a rate that survives merger into the judgment. Many notes do, but you must plead and prove it in the affidavit.

The consequence of overstating the post-judgment rate is appellate reversal. The borrower can challenge the rate even after the appeal window closes, because an excessive interest rate creates a void portion of the judgment.

Costs and Fees

Costs include the filing fee, service of process, recording fees, title-search costs, and publication costs. Itemize each on a separate line and attach receipts where required by local administrative order.

Attorney’s fees must be supported by the Rowe lodestar method: hours times reasonable hourly rate, multiplied by an adjustment factor where appropriate. Many circuits cap foreclosure fees at a flat amount tied to the loan balance.

The consequence of unsupported fees is a reduced or zeroed-out fee award. Some local administrative orders, like Miami-Dade Administrative Order 12-1, set presumptive fee schedules that you must follow or specifically rebut.

Court Rulings That Shape Form 7.330 Practice

Florida appellate courts have refined Form 7.330 practice through decades of case law.

The cases below set the floor for any default foreclosure package.

Each ruling carries a practical lesson. Becerra means you must serve the motion on the defaulted borrower or lose the judgment. Glarum means the affiant must know the records personally, not just be a custodian on paper. Bayview means itemization is not optional. Rowe means time records are non-negotiable for fees. Allstate Floridian means a borrower’s lawyer-shopping is not excusable neglect.

A common misconception is that older cases like Becerra are obsolete. They are not. Florida courts continue to cite Becerra in 2025 decisions, and the rule it announces is unchanged.

Key Entities in the Form 7.330 Process

Several institutions and people each play a defined role in the Form 7.330 workflow.

Knowing who does what prevents misdirected filings and missed deadlines.

The consequence of treating these entities as interchangeable is missed steps. The clerk cannot do what the judge does; the DMDC cannot replace a sworn affidavit; the Bar committee cannot waive a filing deadline.

A real-world example: Marcus, a new attorney in Pensacola, e-mailed his Form 7.330 directly to the judge’s chambers. Chambers returned it with instructions to file through the portal first. The misstep cost two weeks.

After the Judgment: Sale, Surplus, and Deficiency

Form 7.330 leads to a final judgment, but the case continues through the sale and any post-sale proceedings.

Each post-judgment step has its own rules under Florida law.

The Foreclosure Sale

The clerk conducts the sale under Fla. Stat. § 45.031, usually online through the clerk’s auction website. The sale must occur 20 to 35 days after the judgment is recorded.

The plaintiff may bid up to the amount of the judgment without depositing cash. Third-party bidders must deposit 5 percent of their bid immediately. The clerk issues a certificate of sale, then a certificate of title 10 days later if no objections are filed.

The consequence of a missed objection deadline is final title in the buyer. The borrower has just 10 days under § 45.031(5) to object to the sale, and the grounds are narrow.

Surplus Funds

If the sale produces more than the judgment amount, the surplus belongs first to junior lienholders and then to the borrower under Fla. Stat. § 45.032. The clerk holds the surplus for 60 days while claimants file.

The borrower must file a sworn claim under Form 1.996(c) to recover the surplus. Surplus-recovery scams are widespread, and Florida law restricts who may charge for this service.

The consequence of failing to claim a surplus within one year is forfeiture to the Department of Financial Services Unclaimed Property. Borrowers can still recover, but the process becomes longer.

Deficiency Judgments

If the sale does not cover the debt, the plaintiff may seek a deficiency judgment for the shortfall. Fla. Stat. § 702.06 caps the deficiency at the difference between the judgment and the fair market value at the time of sale.

The court must hold an evidentiary hearing on fair market value. Most plaintiffs use a BPO or appraisal as evidence. The borrower has the right to cross-examine the appraiser.

The consequence of pursuing a deficiency without an appraisal is denial. Some plaintiffs waive deficiency in the proposed judgment to streamline the case, especially when the borrower is judgment-proof.

County and Local Variations

Each Florida circuit and county has administrative orders that affect Form 7.330 practice.

Knowing the local rules prevents avoidable rejections.

Miami-Dade and Broward

Miami-Dade’s Eleventh Circuit requires uncontested foreclosure motions to be set on a special foreclosure calendar with seven business days’ notice. Broward’s Seventeenth Circuit uses a similar but separate calendar with its own notice requirements.

Both circuits cap presumptive attorney’s fees on residential foreclosures and require attorneys to attach contemporaneous time records. Both also require the proposed final judgment to include a specific paragraph addressing surplus distribution.

The consequence of ignoring the local calendar rules is a continued hearing date weeks or months in the future. Hannah, a foreclosure attorney in Hollywood, missed a Broward calendar deadline and waited 11 weeks for the next slot.

Hillsborough and Orange

Hillsborough’s Thirteenth Circuit requires e-filing through the portal and uses a “rocket docket” for foreclosure cases. Orange County’s Ninth Circuit uses a uniform motion calendar that handles foreclosure default motions in batches of 30 to 50 per session.

Each circuit publishes a checklist of required documents on its website. The checklists are updated annually, and the most recent updates emphasize SCRA compliance and contemporaneous time records.

The consequence of using last year’s checklist is denial. Always download the current version before filing.

Smaller Counties

Counties like Liberty, Lafayette, and Glades have part-time judges and limited foreclosure dockets. Filings may sit for weeks before a judge reviews them. Calendaring requires patience and frequent docket checks.

Local clerks in smaller counties often play a more active gatekeeping role. They may flag obvious defects like missing SCRA affidavits before the judge sees the file, which can be a help or a hindrance depending on your timeline.

The consequence of misjudging the pace is missed business deadlines. Lenders securitizing loans need predictable timelines, and small-county filings can throw off the schedule.

FAQs

Is Florida Form 7.330 mandatory in foreclosure cases?

Yes. Florida courts require Form 7.330 or a substantially similar motion to obtain a default final judgment in mortgage foreclosure, because the form embeds the Rule 1.500(e) findings the court must make.

Can a pro se plaintiff file Form 7.330?

Yes. Self-represented plaintiffs may file Form 7.330 through the Florida Courts E-Filing Portal, but they must still meet every procedural requirement, including the SCRA affidavit and the affidavit of indebtedness.

Does the clerk enter the default automatically after 20 days?

No. The plaintiff must file a written request for default with the clerk under Rule 1.500(a), and the clerk does not act on its own when the response window closes.

Can the borrower set aside a default final judgment?

Yes. Under Rule 1.540(b), a borrower may move to vacate within one year for excusable neglect, fraud, or mistake, and the court may set aside the judgment if a meritorious defense exists.

Is the military service affidavit required for every defendant?

Yes. The SCRA requires a military status affidavit for every defaulted defendant, and a DMDC certificate is the gold-standard supporting document.

Can the affidavit of indebtedness be more than 60 days old?

No. Most Florida circuits reject affidavits older than 60 days because they do not reflect the current balance, and a stale affidavit invites attack under Glarum v. LaSalle Bank.

Does Form 7.330 set the foreclosure sale date?

No. The motion only asks the court to enter the final judgment, and it is the final judgment under Form 1.996(a) that sets the sale date with the clerk.

Can attorney’s fees be awarded without an affidavit?

No. Florida Patient’s Compensation Fund v. Rowe requires an affidavit detailing hours and rates, and many circuits also require an expert affidavit from a second attorney.

Is e-filing through the portal mandatory for attorneys?

Yes. Attorneys must e-file through the Florida Courts E-Filing Portal under Rule 2.525, and paper filings are accepted only with a court-granted exemption.

Can a defaulted defendant still receive surplus funds from the sale?

Yes. Under Fla. Stat. § 45.032, the borrower may file a sworn claim for surplus funds even after a default judgment, because the right to surplus is a property right that survives default.

Does Form 7.330 work for non-foreclosure cases?

No. Form 7.330 is specific to mortgage foreclosure, and other case types use different motions tailored to their causes of action under Rule 1.500(e).

Can the court enter a deficiency judgment in the same order as the foreclosure judgment?

No. Fla. Stat. § 702.06 requires a separate evidentiary hearing on fair market value, so deficiency is reserved at judgment and decided after the sale.

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