I find it so unfair that my clients have to spend good hard earned money to fight for a right given to them by the Florida Supreme Court…THE RIGHT TO HAVE RESIDENTIAL FORECLOSURE COMPLAINTS PROPERLY VERIFIED.
This is a RIGHT. Not a privileged.
Even this late in the game, I find myself daily going into court defending against absurd arguments from the foreclosure mills over this issue. The foreclosure mills have made big gambles on a variety of verification elements that do not comply with the Florida Supreme Court’s Rule.
First, the effective date is February 11, 2010…PERIOD.
Second, the verification must be on the complaint itself, not a hanging verification slipped in sometime later….PERIOD. (See Florida Statute 92.525)
Finally, the verification cannot be “on information and belief”, See Muss v. Lennar
But now here’s where it get’s good….the penalty when they get it wrong is the entire judgment can be REVERSED!