Florida Supreme Court Attempts To Level Playing Field In Foreclosure Fights By Issuing New Foreclosure Lawsuit Rules For Foreclosure Mills And Homeowners
The Civil Procedure Rules Committee of the Florida Supreme Court released a set of new rules for Florida foreclosure cases.
The new rules will affect how a foreclosure mill can foreclose on a homeowner. Florida Supreme Court’s new rules also clarify the language in foreclosure lawsuits.
Foreclosure mills and several of Florida’s top foreclosure defense lawyers agreed to changes. Other requirements change the initial disclosures of a plaintiff’s status and the facts and their evidence supporting their status. The other rule change makes the availability of documents easier to receive to expedite the prosecution of the case.
The committee also requires orders to show cause why a judgment of foreclosure should not be entered. Homeowners must provide valid defenses.
The new rules also require foreclosure mills to use the new Form 1.944(a) when filing a foreclosure lawsuit. The form also addresses the issues of delegated authority to institute a mortgage foreclosure action. Law firms must certify possession of the original note before they can initiate a foreclosure action.
It incorporates the pleading requirements for such cases set forth in section 702.015(5) enacted in 2015.
It also incorporates the requirements of section 673.3091 (Enforcement of lost, destroyed, or stolen instrument).