|
|
The 2025 Florida Statutes
|
|
|
|
|
F.S. 702.015702.015 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.
| |
Annotations, Discussions, Cases:
Cases Citing Statute 702.015
Total Results: 19
204 So. 3d 476, 2016 Fla. App. LEXIS 10377
District Court of Appeal of Florida | Filed: Jul 6, 2016 | Docket: 4108192
Cited 2 times | Published
comply with the certification requirements of section 702.015(4), Florida Statutes (2015), and Florida Rule
253 So. 3d 705
District Court of Appeal of Florida | Filed: Aug 8, 2018 | Docket: 7619131
Cited 1 times | Published
evidence at the time of filing the lawsuit. See § 702.015, Fla. Stat. (2013); Fla. R.
Civ. P. 1.115.; McLean
241 So. 3d 882
District Court of Appeal of Florida | Filed: Feb 7, 2018 | Docket: 6297807
Cited 1 times | Published
the filing of the complaint in this case, section 702.015,
Florida Statutes (2017), Florida Rule of Civil
211 So. 3d 328, 2017 WL 651112, 2017 Fla. App. LEXIS 2235
District Court of Appeal of Florida | Filed: Feb 17, 2017 | Docket: 4586866
Cited 1 times | Published
its complaint pursuant to rule 1.110(b) and section 702.015, Florida Statutes (2013). While a failure to
District Court of Appeal of Florida | Filed: Jan 8, 2025 | Docket: 69525628
Published
204 So. 3d 476, 479-80 (Fla. 4th DCA 2016));
§ 702.015(1), Fla. Stat. (2018) (“The Legislature intends
District Court of Appeal of Florida | Filed: Jul 26, 2019 | Docket: 15972943
Published
PHH Mortg.
3We note that section 702.015, Florida Statutes, and Florida Rule of Civil
257 So. 3d 1145
District Court of Appeal of Florida | Filed: Oct 25, 2018 | Docket: 64691419
Published
S. Bank filed a certification pursuant to section 702.015(4), Florida Statutes (2017), that the original
239 So. 3d 151
District Court of Appeal of Florida | Filed: Feb 7, 2018 | Docket: 6297810
Published
scheduled foreclosure
2017) (holding that section 702.015, Florida Statutes does not impose an additional
238 So. 3d 365
District Court of Appeal of Florida | Filed: Dec 13, 2017 | Docket: 6240850
Published
signed the possession certificate required by section 702.015(4), Florida Statutes
(2013), and Florida Rule
District Court of Appeal of Florida | Filed: Dec 8, 2017 | Docket: 6238217
Published
notarization requirement.
Section 702.015(4), Florida Statutes (2015), requires a foreclosure
214 So. 3d 728, 92 U.C.C. Rep. Serv. 2d (West) 159, 2017 WL 1013189, 2017 Fla. App. LEXIS 3453
District Court of Appeal of Florida | Filed: Mar 15, 2017 | Docket: 60264230
Published
Possession of Original Promissory Note” pursuant to section 702.015(4), Florida Statutes (2013). In the certification
212 So. 3d 511, 2017 WL 928529, 2017 Fla. App. LEXIS 3095
District Court of Appeal of Florida | Filed: Mar 8, 2017 | Docket: 4615308
Published
the complaint was filed in the present case, section 702.015, Florida Statutes (2016), Florida Rule of Civil
209 So. 3d 641, 2017 WL 377997, 2017 Fla. App. LEXIS 859
District Court of Appeal of Florida | Filed: Jan 27, 2017 | Docket: 4574691
Published
be given for failure to do so”). Further, section 702.015(4), Florida Statutes (2014), requires that
212 So. 3d 417, 2016 WL 6684200, 2016 Fla. App. LEXIS 16911
District Court of Appeal of Florida | Filed: Nov 14, 2016 | Docket: 60263364
Published
filed with the complaint failed to comply with section 702.015(4), Florida Statutes (2013). See Valcarcel
194 So. 3d 1094, 2016 Fla. App. LEXIS 10354
District Court of Appeal of Florida | Filed: Jul 6, 2016 | Docket: 4108185
Published
promissory nóte in residential foreclosure cases. See § 702.015, Fla. Stat. (2013). The statute applies to cases
190 So. 3d 999, 41 Fla. L. Weekly Supp. 1, 2016 Fla. LEXIS 68, 2016 WL 164134
Supreme Court of Florida | Filed: Jan 14, 2016 | Docket: 3028217
Published
Chapter 2013-137, Laws of Florida, created section 702.015, Florida Statutes. This statutory provision
180 So. 3d 219, 2015 Fla. App. LEXIS 18768, 2015 WL 8932416
District Court of Appeal of Florida | Filed: Dec 16, 2015 | Docket: 3021647
Published
objection. Counsel, are you familiar with Florida Statute 702.015 as amended by the 2013 Legislature?
153 So. 3d 258, 39 Fla. L. Weekly Supp. 752, 2014 Fla. LEXIS 3682, 2014 WL 6977929
Supreme Court of Florida | Filed: Dec 11, 2014 | Docket: 2613919
Published
Chapter 2013-173, Laws of Florida, created new section 702.015, Florida Statutes. This statutory provision
36 F. Supp. 3d 1294, 2014 WL 3867618, 2014 U.S. Dist. LEXIS 110912
District Court, M.D. Florida | Filed: Aug 6, 2014 | Docket: 64296440
Published
Florida Statute § 702.015 (2013). Plaintiff has since challenged the Court’s reliance on § 702.015. (Doc. #
