US Bank National Association, as Trustee for Citigroup Mortgage Loan
Trust, Inc. 2007-AHL1, Asset-Backed Pass-Through Certificates Series 2007-AHL1,
appeals an order dismissing its foreclosure action against Leroy Marion, Lue Rita
Marion, and other unknown parties. The trial court dismissed this action because the
complaint was verified by an employee of the servicing agent, Wells Fargo Bank, N.A.,
and not by an employee of US Bank. This court recently granted relief in a certiorari
proceeding that involved similar circumstances. See Deutsche Bank Nat’l Trust Co. v.
Prevratil, 38 Fla. L. Weekly D569 (Fla. 2d DCA Mar. 8, 2013). Accordingly, we reverse
this order and remand for further proceedings.
In reversing this order, we note that Florida Rule of Civil Procedure
1.110(b) requires verification of a complaint that is filed in an action for foreclosure on
residential real property. With respect to the required verification, the rule specifically
states:
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.”
A problem with the required verification arises from the fact that an entity like US Bank
cannot sign a verification or an affidavit as “I.” Most foreclosure actions are filed by
commercial entities with numerous employees, agents, or independent contractors. As
a result, some human being must sign the verification stating “I declare . . . .”
The circuit courts are understandably concerned about complaints filed by
an entity like US Bank and verified by an unidentified person. In this case, the initial
complaint was verified by a woman whose title was “legal process specialist.” An
amended complaint was verified by a man who is identified as “vice president loan
documentation,” signing as a representative of “Wells Fargo Bank, N.A. as contractual
servicer for US Bank National Association, as Trustee for Citigroup Mortgage Loan
Trust, Inc. 2007-AHL1, Asset-Backed Pass-Through Certificates Series 2007-AHL1.” It
is not clear whether either of the verifiers would be subject to the jurisdiction of the court
if their verifications proved to be false.
Thus, although we reverse this order, we are not holding that a trial court
lacks the authority to require a plaintiff in a foreclosure action to provide additional
information concerning the person signing the verification. Likewise, we do not decide
whether the trial court may require that the person signing the verification be within or
otherwise submit to the jurisdiction of the court.