New Mortgage Foreclosure Rules: What High Schoolers Need to Know

1. The Florida Supreme Court recently amended the Florida Rules of Civil Procedure for mortgage foreclosures and created new standard forms.

2. The amendments are in response to recent legislation, including Section 702.015 of the Florida Statutes, which sets new requirements for foreclosure complaints.

3. Rule 1.110(b) was modified, and the requirement for verification of the foreclosure complaint under penalty of perjury was removed and incorporated into the new Rule 1.115(e).

4. Rule 1.115 requires an allegation in the complaint that the claimant is the holder of the original note secured by the mortgage, along with a certification of possession of the original promissory note filed simultaneously with the complaint, under penalty of perjury.

5. Mortgagees must also specifically allege, under penalty of perjury, the chain of assignments or transfers giving rise to their rights to enforce a lost, destroyed, or stolen instrument. – Forms 1.944(a) and (b) were revised to detail and allege claimants’ standing to enforce the note and mortgage with specificity.
– Form 1.994(b) now includes an “Affidavit of Compliance”.
– Forms 1.944 (a) and (d) reflect compliance with Section 702.10(1), Florida Statutes.
– Form 1.996(a) was modified with added titles, updated statutory reference to time for right of redemption, and an added paragraph on attorneys’ fees.
– Form 1.996(b) was revised significantly to be used when the foreclosure judgment re-establishes a lost note.
– The rules and forms regarding foreclosures are effective as of December 11, 2014. Lenders and mortgagees should carefully review these new rules and seek qualified counsel for guidance.

https://www.jimersonfirm.com/blog/2015/02/floridas-new-rules-procedures-governing-mortgage-foreclosures/