Issues Arising From the Verification of Foreclosure Complaints
To counteract the sloppy and at times false allegations plead in foreclosure complaints across the state, on February 11, 2010, the Supreme Court of Florida amended rule 1.030(b) of Florida’s rules of civil procedure to state:
When filing an action for foreclosure of a mortgage on residential real property the complaint shall be verified. When verification of a document is required, the document filed shall include an oath, affirmation, or the following statement: “Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged therein are true and correct to the best of my knowledge and belief.”
Two issues often come up regarding the verification. First, where must the verification be placed? And second, who can verify the document?
The first question has been answered fairly consistently across the state, since most courts look to Florida Statute 92.525(2) to resolve the ambiguity. This statute states that the “written declaration shall be printed or typed at the end of or immediately below the document being verified and above the signature of the person making the declaration.” In other words, a verification that stands alone on a separate page from the complaint will not cut it.
Regarding the second question, courts have often answered it by looking to the purpose of the amended rule, which is to have the Plaintiff appropriately investigate and verify its allegations. See In re Amendments to the Florida Rules of Civil Procedure, 44 So. 3d 555 (Fla. 2010).
Thus, there is a strong argument to be made that neither the counsel of record nor an employee of the law firm should verify the complaint. Rather, it should be done by the Plaintiff or an employee of the Plaintiff.
This Blog was written by Attorney Branden Henderson, Esq. of The Dellutri Law Group, P.A.. Mr. Henderson practices Bankruptcy Law, Fair Credit Reporting Act Law, Fair Debt Collection Practices Act Law and in other areas of Consumer Law.
