702.015
Elements of complaint; lost, destroyed, or stolen note affidavit.
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702.015 Elements of complaint; lost, destroyed, or stolen note affidavit.—
(1) The Legislature intends that this section expedite the foreclosure process by ensuring initial disclosure of a plaintiff’s status and the facts supporting that status, thereby ensuring the availability of documents necessary to the prosecution of the case.
(2) A complaint that seeks to foreclose a mortgage or other lien on residential real property, including individual units of condominiums and cooperatives, designed principally for occupation by from one to four families which secures a promissory note must:
(a) Contain affirmative allegations expressly made by the plaintiff at the time the proceeding is commenced that the plaintiff is the holder of the original note secured by the mortgage; or
(b) Allege with specificity the factual basis by which the plaintiff is a person entitled to enforce the note under s. 673.3011.
(3) If a plaintiff has been delegated the authority to institute a mortgage foreclosure action on behalf of the person entitled to enforce the note, the complaint shall describe the authority of the plaintiff and identify, with specificity, the document that grants the plaintiff the authority to act on behalf of the person entitled to enforce the note. This subsection is intended to require initial disclosure of status and pertinent facts and not to modify law regarding standing or real parties in interest. The term “original note” or “original promissory note” means the signed or executed promissory note rather than a copy thereof. The term includes any renewal, replacement, consolidation, or amended and restated note or instrument given in renewal, replacement, or substitution for a previous promissory note. The term also includes a transferable record, as defined by the Uniform Electronic Transaction Act in s. 668.50(16).
(4) If the plaintiff is in possession of the original promissory note, the plaintiff must file under penalty of perjury a certification with the court, contemporaneously with the filing of the complaint for foreclosure, that the plaintiff is in possession of the original promissory note. The certification must set forth the location of the note, the name and title of the individual giving the certification, the name of the person who personally verified such possession, and the time and date on which the possession was verified. Correct copies of the note and all allonges to the note must be attached to the certification. The original note and the allonges must be filed with the court before the entry of any judgment of foreclosure or judgment on the note.
(5) If the plaintiff seeks to enforce a lost, destroyed, or stolen instrument, an affidavit executed under penalty of perjury must be attached to the complaint. The affidavit must:
(a) Detail a clear chain of all endorsements, transfers, or assignments of the promissory note that is the subject of the action.
(b) Set forth facts showing that the plaintiff is entitled to enforce a lost, destroyed, or stolen instrument pursuant to s. 673.3091. Adequate protection as required under s. 673.3091(2) shall be provided before the entry of final judgment.
(c) Include as exhibits to the affidavit such copies of the note and the allonges to the note, audit reports showing receipt of the original note, or other evidence of the acquisition, ownership, and possession of the note as may be available to the plaintiff.
(6) The court may sanction the plaintiff for failure to comply with this section.
(7) This section does not apply to any foreclosure proceeding involving timeshare interests under part III of chapter 721.
History.—s. 3, ch. 2013-137.
Notes of Decisions
Cited in 20
cases (1 in the last 5 years), 2014–2025 · leading case: Lorraine Campbell and Charles Lamm v. Wells Fargo Bank, N.A.
Lorraine Campbell and Charles Lamm v. Wells Fargo Bank, N.A. (2016)
“§ 702.015(1), Fla. Stat. (2015) (“The Legislature intends that this section expedite the foreclosure process by ensuring initial disclosure of a plaintiffs status and the facts supporting *480 that status, thereby ensuring the availability of documents necessary to the…”
In Re AMENDMENTS TO the FLORIDA RULES OF CIVIL PROCEDURE (2014)
“Chapter 2013-173, Laws of Florida, created new section 702.015, Florida Statutes. This statutory provision sets forth new pleading requirements for mortgage foreclosure complaints intended to “expedite the foreclosure process by ensuring initial disclosure of a plaintiff’s…”
Heller v. Bank of America, N.A. (2017)
“Further, section 702.015(4), Florida Statutes (2014), requires that the original note be filed with the court before entry of a foreclosure judgment or a judgment on the note.”
In Re AMENDMENTS TO the FLORIDA RULES OF CIVIL PROCEDURE (2016)
“§ 702.015, Fla. Stat. (2015). Rule 1.115 as it was proposed by the Committee and adopted by the Court closely tracks the language of this statute.”
Beltway Capital, LLC v. Nigel Lucombe (2017)
“110(b) and section 702.015, Florida Statutes (2013).”
HSBC Bank USA v. Buset (2018)
“In this regard, trial courts presiding over foreclosure cases are well served to keep in mind the following “oft-overlooked point”: 2 Although adopted after the filing of the complaint in this case, section 702.015, Florida Statutes (2017), Florida Rule of Civil Procedure 1.”
Daniel D. Dragash v. Federal National Mortgage Association (2017)
“And contrary to Dragash’s contention, Fla. Stat. § 702.015 does not require the defendant to produce the note or mortgage on *946 demand.”
Diaz v. U.S. Bank (2018)
“Instead, we would urge trial courts in these circumstances to ensure that any pending motion for rehearing has been resolved prior to the scheduled foreclosure 2017) (holding that section 702.015, Florida Statutes does not impose an additional element in a mortgage foreclosure…”
Wells Fargo Bank v. Diz (2018)
“See § 702.015, Fla. Stat. (2013); Fla. R. Civ.”
U.S. Bank National Ass'n v. Roseman (2017)
“The record, as shown above in this opinion, indicates that although the defendants mentioned section 702.015 in their arguments to the trial court, they did so merely to describe the reason for the existence of the certification, as a prelude *736 to what ultimately became their…”
Deutsche Bank National Trust Co. v. Mobley (2017)
“Although promulgated after the complaint was filed in the present case, section 702.015, Florida Statutes (2016), Florida Rule of Civil Procedure 1.”
PNC Bank, National Ass'n v. Orchid Group Investments, LLC (2014)
“” Fla. Stat. § 702.015 . Note A. Plaintiff commenced this action on January 8, 2013, (Doc.”
— 702.015(1) — 4 cases
Lorraine Campbell and Charles Lamm v. Wells Fargo Bank, N.A. (2016)
“§ 702.015(1), Fla. Stat. (2015) (“The Legislature intends that this section expedite the foreclosure process by ensuring initial disclosure of a plaintiffs status and the facts supporting *480 that status, thereby ensuring the availability of documents necessary to the…”
In Re AMENDMENTS TO the FLORIDA RULES OF CIVIL PROCEDURE (2016)
“§ 702.015, Fla. Stat. (2015). Rule 1.115 as it was proposed by the Committee and adopted by the Court closely tracks the language of this statute.”
Beltway Capital, LLC v. Nigel Lucombe (2017)
“110(b) and section 702.015, Florida Statutes (2013).”
— 702.015(2) — 1 case
PNC Bank, National Ass'n v. Orchid Group Investments, LLC (2014)
“” Fla. Stat. § 702.015 . Note A. Plaintiff commenced this action on January 8, 2013, (Doc.”
— 702.015(4) — 8 cases
Lorraine Campbell and Charles Lamm v. Wells Fargo Bank, N.A. (2016)
“§ 702.015(1), Fla. Stat. (2015) (“The Legislature intends that this section expedite the foreclosure process by ensuring initial disclosure of a plaintiffs status and the facts supporting *480 that status, thereby ensuring the availability of documents necessary to the…”
Heller v. Bank of America, N.A. (2017)
“Further, section 702.015(4), Florida Statutes (2014), requires that the original note be filed with the court before entry of a foreclosure judgment or a judgment on the note.”
U.S. Bank National Ass'n v. Roseman (2017)
“The record, as shown above in this opinion, indicates that although the defendants mentioned section 702.015 in their arguments to the trial court, they did so merely to describe the reason for the existence of the certification, as a prelude *736 to what ultimately became their…”
— 702.015(6) — 2 cases
Lorraine Campbell and Charles Lamm v. Wells Fargo Bank, N.A. (2016)
“§ 702.015(1), Fla. Stat. (2015) (“The Legislature intends that this section expedite the foreclosure process by ensuring initial disclosure of a plaintiffs status and the facts supporting *480 that status, thereby ensuring the availability of documents necessary to the…”
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