Personal Jurisdiction Over Judgment Debtor Not Necessary to Domesticate Foreign Judgment

A judgment creditor sought to domesticate and enforce a foreign judgment in Florida.  The judgment debtor challenged enforcement on the grounds that Florida lacked personal jurisdiction over the judgment debtor.  The Second DCA determined that the judgment could be domesticated in Florida regardless of whether Florida had personal jurisdiction over the judgment debtor.  In the context of domesticating a judgment, whether Florida had personal jurisdiction over judgment debtor was irrelevant.  The judgment debtor could challenge domestication if the foreign court lacked personal jurisdiction over the judgment debtor, not if Florida lacked personal jurisdiction.

Stocker v. Stocker, 38 Fla. L. Weekly D1968a (Case No. 2D12-4980 Sept. 18, 2013)

Loan Servicer May Verify Foreclosure Complaint

In this residential foreclosure case, the trial court dismissed an amended complaint whose verification was signed by a person on behalf of “Wells Fargo Bank, N.A. as contractual servicer for US Bank National Association.”  Applying Florida Rule of Civil Procedure 1.110(b), the appellate court reversed, holding: “A problem with the required verification arises from the fact that an entity like US Bank cannot sign a verification or an affidavit as ‘I.’ Most foreclosure actions are filed by commercial entities with numerous employees, agents, or independent contractors. As a result, some human being must sign the verification stating “’I declare . . . .'”  In so holding, however, the appellate court stated further that “we are not holding that a trial court lacks the authority to require a plaintiff in a foreclosure action to provide additional information concerning the person signing the verification.”

US Bank v. Marion, 38 Fla. L. Weekly D1788a (Fla. 2d DCA Aug. 21 2013)