The Florida Supreme Court recently amended several of the Florida Rules of Civil Procedure relating to mortgage foreclosures. The amended and new rules and forms are in response to recent legislation regarding mortgage foreclosure actions.
Be sure to read the amended and new rules and forms in their entirety, but here are a few highlights:
- Rule 1.110(b) – the verification language from this rule was deleted and incorporated in new Rule 1.115
- Rule 1.115 – this is a new rule setting forth initial pleading requirements in mortgage foreclosure cases [there’s a lot here, so be sure to read it carefully]
- Forms 1.944(a) and (b) – these “Complaint” forms were significantly revised to specifically allege the plaintiffs’ standing and include several other changes and additions, including an “Affidavit of Compliance”
- Form 1.944(c) and (d) – the “Motion for Order to Show Cause” and “Order to Show Cause” forms were added to comply with section 702.10(1), Fla. Stat. (2013)
- Form 1.996(a) – the “Final Judgment of Foreclosure” form was revised to add titles, update the statutory reference to time for right of redemption, and add a paragraph on attorneys’ fees
- Form 1.996(b) – this new form for “Final Judgment of Foreclosure for Reestablishment of Lost Note” is to be used when the foreclosure judgment re-establishes a lost promissory note
- Form 1.996(c) [formerly Form 1.996(b) – renumbered] – several revisions were made to this form which used to cancel and reschedule a foreclosure sale
These additions and revisions make significant changes to the rules and forms affecting foreclosures, so you will definitely want to review them carefully if you are involved with foreclosure lawsuits.