Thursday, November 12, 2009

Proposed Change to Fla. RCP 1.110(b)

The Florida Supreme Court's Task Force on Residential Mortgage Foreclosure Cases made oral arguments to the Florida Supreme Court last week and requested, among other things, a change to the rules of procedure to require residential foreclosures to be instituted by a 'verified' complaint -- in other words, requiring the Plaintiff to swear to the contents of the initial pleading. The court seems to be perceiving that many high-volume foreclosure firms bring suits in a loose and disorganized manner, and the testimony pointed to the "lost note" count that is almost invariably included in foreclosure complaints despite the fact that the plaintiff is usually able to 'locate' the note at the last minute. As any attorney who practices in the foreclosure field knows, this perception is accurate in many cases, and some foreclosure matters are handled without the professionalism that should be expected from attorneys. Nevertheless, it is not clear why foreclosures ought to be subject to standards different from those imposed on the parties when commencing any civil matter. Don't the rules of professionalism, 57.105, and other standards already in place and applicable to ALL civil actions provide the necessary incentives to ensure accurate pleading?

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