The Florida Supreme Court published its Rule that as of February 11, 2010 requires foreclosures complaints to be verified. A Motion for Re-hearing or Clarification was filed by Shapiro & Fishman seeking clarification of this rule.
I am dumbfounded that the foreclosure mills continue to file complaints post-February 11 that are not verified, but they are apparently doing this across the state with impunity. (If anyone is now seeing verified complaints, please post this information. Likewise, if everyone is still seeing unverified, please advise.) Page 10 of the Published Amended Rules states that comments to the rule must be received by the Court by April 12, 2010. Shapiro has filed a Motion for Rehearing and I believe they and others are using this as a basis to argue that they do not need to comply with the rule now.
However, the language on the comments refers only to the amendments to form 1.966 (a), the Final Judgment form, and not Rule 1.110(b), the Verified Complaint Rule. I don’t see any problems with the Final Judgment Rule at all. And if my read of the Rue is correct, Rule 1.110(b) is solid, good law with no legitimate legal basis for challenge or rehearing in any way.
Did Shaprio and Fishman catch this or did they read the Rule carefully and are just filing a baseless and improper Motion?
The Rule and Comments here sc09-1460
