Rule 1.110 General Rules of Pleading Updated

On February 11th the Florida Supreme Court updated the pleading requirements for residential mortgage foreclosure cases.  From the Order:

First, rule 1.110(b) is amended to require verification of mortgage foreclosure complaints involving residential real property. The primary purposes of this amendment are (1) to provide incentive for the plaintiff to appropriately investigate and verify its ownership of the note or right to enforce the note and ensure that the allegations in the complaint are accurate; (2) to conserve judicial resources that are currently being wasted on inappropriately pleaded “lost note” counts and inconsistent allegations; (3) to prevent the wasting of judicial resources and harm to defendants resulting from suits brought by plaintiffs not entitled to enforce the note; and (4) to give trial courts greater authority to sanction plaintiffs who make false allegations.
Rule 1.110, General Rules of Pleading, has been updated to reflect the changes.
The Supreme Court also modified the following forms for mortgage foreclosure cases:
  • Motion to Cancel and Reschedule Foreclosure Sale as new form 1.996(b)
  • Affidavit of Diligent Search and Inquiry as new form 1.924
  • Amendments to Florida Rule of Civil Procedure form 1.996 Final Judgment of Foreclosure

“Because the amendments to form 1.996(a) (Final Judgment of Foreclosure) were not published by the Court for comment prior to their adoption, interested persons shall have sixty days from the date of this opinion in which to file comments, on those amendments only, with the Court.”

The other forms and rule changes are effective immediately.  The amended forms can be found in the Florida Supreme Court’s Order, cited above.