Florida Statute 702.015 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 702
FORECLOSURE OF MORTGAGES AND STATUTORY LIENS

View Entire Chapter

F.S. 702.015

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.

F.S. 702.015 on Google Scholar

F.S. 702.015 on Casetext

Amendments to 702.015

Arrestable Offenses / Crimes under Fla. Stat. 702.015

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 702.015.

Annotations, Discussions, Cases:

Cases Citing Statute 702.015

Total Results: 20

WELLS FARGO BANK, N. A., AS TRUSTEE v. RANDOLPH v. COOK

Court: District Court of Appeal of Florida | Date Filed: 2019-07-26

Snippet: Mortg. 3We note that section 702.015, Florida Statutes, and Florida Rule of Civil Procedure

Santiago v. U.S. Bank Nat'l Ass'n

Court: District Court of Appeal of Florida | Date Filed: 2018-10-25

Citation: 257 So. 3d 1145

Snippet: Bank filed a certification pursuant to section 702.015(4), Florida Statutes (2017), that the original

Wells Fargo Bank v. Diz

Court: District Court of Appeal of Florida | Date Filed: 2018-08-08

Citation: 253 So. 3d 705

Snippet: evidence at the time of filing the lawsuit. See § 702.015, Fla. Stat. (2013); Fla. R. Civ. P. 1.115.; McLean

Diaz v. U.S. Bank

Court: District Court of Appeal of Florida | Date Filed: 2018-02-07

Citation: 239 So. 3d 151

Snippet: scheduled foreclosure 2017) (holding that section 702.015, Florida Statutes does not impose an additional

HSBC Bank USA v. Buset

Court: District Court of Appeal of Florida | Date Filed: 2018-02-07

Citation: 241 So. 3d 882

Snippet: filing of the complaint in this case, section 702.015, Florida Statutes (2017), Florida Rule of Civil

Bank of New York Mellon v. Beaufort

Court: District Court of Appeal of Florida | Date Filed: 2017-12-13

Citation: 238 So. 3d 365

Snippet: the possession certificate required by section 702.015(4), Florida Statutes (2013), and Florida Rule

RBS Citizens N.A. v. Reynolds

Court: District Court of Appeal of Florida | Date Filed: 2017-12-08

Snippet: notarization requirement. Section 702.015(4), Florida Statutes (2015), requires a foreclosure

U.S. Bank National Ass'n v. Roseman

Court: District Court of Appeal of Florida | Date Filed: 2017-03-15

Citation: 214 So. 3d 728, 92 U.C.C. Rep. Serv. 2d (West) 159, 2017 WL 1013189, 2017 Fla. App. LEXIS 3453

Snippet: Original Promissory Note” pursuant to section 702.015(4), Florida Statutes (2013). In the certification

Deutsche Bank National Trust Co. v. Mobley

Court: District Court of Appeal of Florida | Date Filed: 2017-03-08

Citation: 212 So. 3d 511, 2017 WL 928529, 2017 Fla. App. LEXIS 3095

Snippet: complaint was filed in the present case, section 702.015, Florida Statutes (2016), Florida Rule of Civil

Beltway Capital, LLC v. Nigel Lucombe

Court: District Court of Appeal of Florida | Date Filed: 2017-02-17

Citation: 211 So. 3d 328, 2017 WL 651112, 2017 Fla. App. LEXIS 2235

Snippet: complaint pursuant to rule 1.110(b) and section 702.015, Florida Statutes (2013). While a failure to include

Heller v. Bank of America, N.A.

Court: District Court of Appeal of Florida | Date Filed: 2017-01-27

Citation: 209 So. 3d 641, 2017 WL 377997, 2017 Fla. App. LEXIS 859

Snippet: given for failure to do so”). Further, section 702.015(4), Florida Statutes (2014), requires that the

Bank of America, N.A. v. Leonard

Court: District Court of Appeal of Florida | Date Filed: 2016-11-14

Citation: 212 So. 3d 417, 2016 WL 6684200, 2016 Fla. App. LEXIS 16911

Snippet: with the complaint failed to comply with section 702.015(4), Florida Statutes (2013). See Valcarcel v. Chase

Lorraine Campbell and Charles Lamm v. Wells Fargo Bank, N.A.

Court: District Court of Appeal of Florida | Date Filed: 2016-07-06

Citation: 204 So. 3d 476, 2016 Fla. App. LEXIS 10377

Snippet: with the certification requirements of section 702.015(4), Florida Statutes (2015), and Florida Rule of

Wells Fargo Bank, N.A. v. Russell

Court: District Court of Appeal of Florida | Date Filed: 2016-07-06

Citation: 194 So. 3d 1094, 2016 Fla. App. LEXIS 10354

Snippet: promissory nóte in residential foreclosure cases. See § 702.015, Fla. Stat. (2013). The statute applies to cases

In Re AMENDMENTS TO the FLORIDA RULES OF CIVIL PROCEDURE

Court: Supreme Court of Florida | Date Filed: 2016-01-14

Citation: 190 So. 3d 999, 41 Fla. L. Weekly Supp. 1, 2016 Fla. LEXIS 68, 2016 WL 164134

Snippet: Chapter 2013-137, Laws of Florida, created section 702.015, Florida Statutes. This statutory provision sets

Nationstar Mortgage, LLC v. Marquez

Court: District Court of Appeal of Florida | Date Filed: 2015-12-16

Citation: 180 So. 3d 219, 2015 Fla. App. LEXIS 18768, 2015 WL 8932416

Snippet: Counsel, are you familiar with Florida Statute 702.015 as amended by the 2013 Legislature? There

Robert G. Reid v. Compass Bank

Court: District Court of Appeal of Florida | Date Filed: 2015-05-03

Citation: 164 So. 3d 49

Snippet: act. In addition, the Legislature finds that s. 702.015, Florida Statutes, as created by this act, applies

In Re AMENDMENTS TO the FLORIDA RULES OF CIVIL PROCEDURE

Court: Supreme Court of Florida | Date Filed: 2014-12-11

Citation: 153 So. 3d 258, 39 Fla. L. Weekly Supp. 752, 2014 Fla. LEXIS 3682, 2014 WL 6977929

Snippet: 2013-173, Laws of Florida, created new section 702.015, Florida Statutes. This statutory provision sets

Forman v. State Department of Children & Families

Court: District Court of Appeal of Florida | Date Filed: 2007-05-02

Citation: 956 So. 2d 477, 2007 Fla. App. LEXIS 6663, 2007 WL 1263983

Snippet: which meets criteria set forth in subsection 65A-1.702(15), F.A.C. (Emphasis added). Florida Integrated Public

Garcia v. Hernandez

Court: District Court of Appeal of Florida | Date Filed: 2007-01-24

Citation: 947 So. 2d 657, 2007 Fla. App. LEXIS 761, 2007 WL 172135

Snippet: 45, while the wife’s share would decrease to $52,702.15. The trial court also ordered the wife to pay one-half