NEW FLORIDA LAW from Miami Bureau of Consumer Rights Defenders- Legal Dept. from M. Stopa, Esq.
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A Whole New Round of Motions to Dismiss
Posted on June 15th, 2013 by M. Stopa
As we all know by this point, Florida Governor Rick Scott has signed HB87 into law. Part of this new law gives Florida homeowners a whole new round of defenses, effective immediately.
Under Fla. Stat. 702.015, if a foreclosure plaintiff [BANK] files a complaint after June 7, 2013 and is the “holder” of the original promissory Note, that plaintiff is required to certify under penalty of perjury that it is in possession of the Note, the name and title of the individual giving the certification, the name of the person who verified the plaintiff’s [BANK] possession, and the date on which possession was verified.
If a foreclosure plaintiff is seeking to re-establish a lost Note, the obligations are even more onerous. In that event, an affidavit under penalty of perjury must be attached to the Complaint, and that affidavit must: (a) detail a clear chain of all assignments, transfers, or assignments of the Note; (b) set forth facts showing the plaintiff is entitled to enforce the lost Note; and (c) attach documents to the affidavit which support the plaintiff’s claims.
I’m very confident the banks are unprepared to comply with these requirements. From what I know of the banking industry, the foreclosure complaints they’re filing now were drafted months ago – before this new law came into effect. Hence, it’s likely that many if not most of the foreclosure complaints filed in Florida since June 7, 2013 will be subject to dismissal for failure to comply with these new requirements.
From what I know of the banking industry, I suspect it will take many weeks, perhaps months, before the Complaints the banks file comply with these requirements in Fla. Stat. 702.015. As a result, so long as these complaints are deficient, Florida judges will be obligated to grant motions to dismiss these complaints.
HB87 isn’t all bad, folks. This is obviously good news.
If you need to SUE your lender, let us help you immediately by calling Consumer Rights Defenders, Inc., at 818.453.3585 and ask for Sara Stephens or Steve Nelson, J.D., Our litigation team is standing by to give you a free consultation. Our new Florida office is ready to help all to implement this new law….don’t wait and don’t be a defendant!!!!
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