Florida Supreme Court Tightening Foreclosure Rules

By Todd Ruger The Florida Supreme Court has reaffirmed its fight against the sloppy legal work being used to retake homes in thousands of foreclosure cases across the state. A review of Manatee and Sarasota county cases showed attorneys for banks and lenders had widely ignored a new high court rule that requires them to … Read more

FINALLY!!! Supreme Court of Florida DENIES Ben-Ezra and Katz, P.A.’s Motion for Rehearing and Shapiro and Fishman, LLP’s Motion for Rehearing

RE: Verification of Complaints NO MORE EXC– USES Supreme Court of Florida THURSDAY, JUNE 3, 2010 CASE NOS.: SC09-1460 AND SC09-1579 IN RE: AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE IN RE: AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE – FORM 1.996 (FINAL JUDGMENT OF FORECLOSURE) In light of the revised opinion, Ben-Ezra … Read more

Response to the Florida Supreme Court RE: Amendments to the Florida Rules of Civil Procedure Motion for Rehearing

The first part of this post is from an article I wrote a few months ago but gives the background and leads into what I have to add today. If you already read the first half when I published it the first time, scroll down to Part 2 and be sure to read Nye Lavalle’s … Read more

Verification of Mortgage Foreclosure Complaints

Florida Supreme Task Force on Residential Mortgage Foreclosure Cases So the story goes like this… Administrative Order. The Chief Justice established the task force in March 2009 by Administrative Order in the wake of dramatic increases in residential mortgage foreclosure case filings. Petition. The original Petition to amend the rules of court was filed with … Read more

Supreme Court of Florida in Re Amendments to the Florida Rules of Civil Procedure

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 … Read more