Rule 1.110 General Rules of Pleading Updated

By Brian Willis on February 15, 2010 9:57 PM | | Comments (0) | TrackBacks (0)
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.

0 TrackBacks

Listed below are links to blogs that reference this entry: Rule 1.110 General Rules of Pleading Updated.

TrackBack URL for this entry: http://reporter.floridacivpro.com/cgi-bin/mt-tb.cgi/185

Leave a comment

Search the Florida Rules Decisions

Search the Florida Rules of Civil Procedure

Contact the Authors

Brian Willis, Florida Lawyer, Business and Real Estate Attorney  Brian Willis
 Attorney Bio
 LinkedIn
 Email Brian



Jason Baruch, Florida Lawyer, Business Attorney  Jason Baruch
 Attorney Bio
 Email Jason



Brian and Jason provide legal services to local, national and international clients with business and real estate related legal issues in the Tampa Bay area and across Florida. We always appreciate case referrals from our local and out of state readers. Please contact us at the links above.

Share & Follow


Twitter (follow us on Twitter)
RSS Button (click for RSS feed)


About this Entry

This page contains a single entry by Brian Willis published on February 15, 2010 9:57 PM.

FLAGSHIP RESORT DEV. CORP. v. INTERVAL INT'L, INC. (Fla. 3d DCA Jan. 27, 2010) was the previous entry in this blog.

Ramle Int'l Corp. v. The Greens Condo. Assoc., No. 3D08-2834 (Fla. 3d DCA Feb. 10, 2010) is the next entry in this blog.

Find recent content on the main index or look in the archives to find all content.

Powered by Movable Type 4.01