In the matter of US Bank v. Marion, Florida’s 2nd District Court of Appeals reversed Judge Campell’s Order dismissing a foreclosure case because it was not verified properly. Sounds bad for the cause of justice and foreclosure defense…right?
WRONG, WRONG, WRONG!
The most important holding of the opinion comes from the last paragraph and can be restated as follows:
The trial court has the authority to require a plaintiff in a foreclosure action to provide additional information concerning the person signing the verification. The trial judge may require that the person signing the verification be within or otherwise submit to the jurisdiction of the court.
Okay, so that is not exactly what the trial court said, but this is PRECISELY how this opinion CAN AND SHOULD BE READ. The appellate court is recognizing the very real problems with the failure of plaintiffs in foreclosure cases to show that they have any admissible proof of their authority to act on behalf of shadowy entities that are not properly identified.
So while the issue addressed by the appellate court in this case may at first appear to be relatively narrow…the larger message is far more significant…..
Our state’s elected circuit court judges have the authority to inquire into the authority of the parties that appear before them and may demand proof of agency and contractual relationships. (I would actually take it one step further and say that they have an obligation to do so when these issues are properly brought before them)
usbank v. marion
