The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY

Chapter 702
FORECLOSURE OF MORTGAGES AND STATUTORY LIENS

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F.S. 702.015

702.015 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.

F.S. 702.015 on Google Scholar

F.S. 702.015 on Casetext

Amendments to 702.015

Arrestable Offenses / Crimes under Fla. Stat. 702.015

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 702.015.

Annotations, Discussions, Cases:

Cases from cite.case.law:

SANTIAGO, v. U. S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR BANC OF AMERICA FUNDING CORPORATION B,, 257 So. 3d 1145 (Fla. App. Ct. 2018)

. . . Bank filed a certification pursuant to section 702.015(4), Florida Statutes (2017), that the original . . .

WELLS FARGO BANK N. A. v. DIZ,, 253 So. 3d 705 (Fla. App. Ct. 2018)

. . . See § 702.015, Fla. Stat. (2013) ; Fla. R. Civ. P. 1.115.; McLean v. . . .

DIAZ v. U. S. BANK, N. A., 239 So. 3d 151 (Fla. App. Ct. 2018)

. . . Nigel Lucombe, 211 So.3d 328 (Fla. 2d DCA 2017) (holding that section 702.015, Florida Statutes does . . .

HSBC BANK USA, NATIONAL ASSOCIATION, v. T. BUSET,, 241 So. 3d 882 (Fla. App. Ct. 2018)

. . . Although adopted after the filing of the complaint in this case, section 702.015, Florida Statutes (2017 . . .

BANK OF NEW YORK MELLON, v. C. BEAUFORT,, 238 So. 3d 365 (Fla. App. Ct. 2017)

. . . ("BANA"), signed the possession certificate required by section 702.015(4), Florida Statutes (2013), . . .

RBS CITIZENS N. A. v. S. REYNOLDS a k a A., 231 So. 3d 591 (Fla. Dist. Ct. App. 2017)

. . . Section 702.015(4), Florida Statutes (2015), requires a foreclosure, plaintiff in possession of the original . . . Section 702.015(6) gives a trial court discretionary authority to sanction the plaintiff for failure . . . Section 702.015(4), however, merely requires a certification of possession of an original promissory . . . 153 So.3d 258, 262 (Fla. 2014) (adding Florida Rule of Civil Procedure 1.115(c) to implement section 702.015 . . . Because section 702.015(4) does not require notarization, the trial court erred by dismissing RBS’s verified . . .

D. DRAGASH, v. FEDERAL NATIONAL MORTGAGE ASSOCIATION, JP N. A., 700 F. App'x 939 (11th Cir. 2017)

. . . . § 702.015 does not require the defendant to produce the note or mortgage on demand. . . .

U. S. BANK NATIONAL ASSOCIATION FOR BAFC v. ROSEMAN, H., 214 So. 3d 728 (Fla. Dist. Ct. App. 2017)

. . . was the bank’s “Certification Regarding Possession of Original Promissory Note” pursuant to section 702.015 . . . Florida Statute requires, 702.015, that the bank must certify ... they have the original Note at the . . . their motion for involuntary dismissal was based on the bank’s alleged failure to comply'with section 702.015 . . . The record, as shown above in this opinion, indicates that although the defendants mentioned section 702.015 . . .

DEUTSCHE BANK NATIONAL TRUST COMPANY, v. MOBLEY,, 212 So. 3d 511 (Fla. Dist. Ct. App. 2017)

. . . Although promulgated after the complaint was filed in the present case, section 702.015, Florida Statutes . . .

BELTWAY CAPITAL, LLC, v. NIGEL LUCOMBE a, 211 So. 3d 328 (Fla. Dist. Ct. App. 2017)

. . . The bank was required to attach a verification to its complaint pursuant to rule 1.110(b) and section 702.015 . . . verification requirement to delay a trial on the merits overlooks the legislature’s intent in enacting section 702.015 . . . Campbell, 204 So.3d at 479-80 (citing § 702.015(1) (“The Legislature intends that this section expedite . . .

D. HELLER a k a v. BANK OF AMERICA, NA, BAC LP f k a LP,, 209 So. 3d 641 (Fla. Dist. Ct. App. 2017)

. . . Further, section 702.015(4), Florida Statutes (2014), requires that the original note be filed with the . . .

BANK OF AMERICA, N. A. v. A. LEONARD J., 212 So. 3d 417 (Fla. Dist. Ct. App. 2016)

. . . prejudice on the ground that the certification filed with the complaint failed to comply with section 702.015 . . . Section 702.015, Florida Statutes, provides in pertinent part: (4) If the plaintiff is in possession . . . While section 702.015(4) requires the plaintiff to file a certification that the plaintiff is in possession . . . Because the certification complied with section 702.015(4), we reverse the order of dismissal and remand . . .

WELLS FARGO BANK, N. A. v. RUSSELL,, 194 So. 3d 1094 (Fla. Dist. Ct. App. 2016)

. . . See § 702.015, Fla. Stat. (2013). The statute applies to cases filed on or after July 1, 2013. . . . Supreme Court adopted rule 1.115 of the Florida Rules of Civil Procedure to give effect to section 702.015 . . .

CAMPBELL v. WELLS FARGO BANK, N. A., 204 So.3d 476 (Fla. Dist. Ct. App. 2016)

. . . respondent, Wells Fargo Bank, N.A., does not comply with the certification requirements of section 702.015 . . . be filed with the court before the entry of any judgment of foreclosure or judgment on the note. § 702.015 . . . (“In addition, the Legislature finds that s. 702.015, Florida Statutes, as created by this act, applies . . . Compare § 702.015(4), and rule 1.115(c), with § 766.206, Fla. . . . In fact, section 702.015(6) states that the court may sanction a plaintiff for failure to comply, which . . .

In AMENDMENTS TO FLORIDA RULES OF CIVIL PROCEDURE, 190 So. 3d 999 (Fla. 2016)

. . . Chapter 2013-137, Laws of Florida, created section 702.015, Florida Statutes. . . . .” § 702.015(1), Fla. Stat. (2015). . . . This form is designed to incorporate the pleading requirements of section 702.015, Florida Statutes ( . . . Pursuant to section 702.015, ■Florida Statutes (2013), a certification of possession of the original . . . This form is designed to incorporate the pleading requirements of section 702.015, Florida Statutes ( . . .

NATIONSTAR MORTGAGE, LLC, v. MARQUEZ,, 180 So. 3d 219 (Fla. Dist. Ct. App. 2015)

. . . Counsel, are you familiar with Florida Statute 702.015 as amended by the 2013 Legislature? . . . Laws c. 2013-137, § 8 (“[T]he Legislature finds that s. 702.015, Florida Statutes, as created by this . . .

G. REID, v. COMPASS BANK,, 164 So. 3d 49 (Fla. Dist. Ct. App. 2015)

. . . In addition, the Legislature finds that s. 702.015, Florida Statutes, as created by this act, applies . . .

In AMENDMENTS TO FLORIDA RULES OF CIVIL PROCEDURE, 153 So. 3d 258 (Fla. 2014)

. . . Chapter 2013-173, Laws of Florida, created new section 702.015, Florida Statutes. . . . This form is designed to incorporate the pleading requirements of section 702.015, Florida Statutes ( . . . Pursuant to section 702.015, Florida Statutes (2013), a certification of possession of the original promissory . . . This form is designed to incorporate the pleading requirements of section 702.015, Florida Statutes ( . . .

PNC BANK, NATIONAL ASSOCIATION RBC USA v. ORCHID GROUP INVESTMENTS, L. L. C. a W. P. Jr., 36 F. Supp. 3d 1294 (M.D. Fla. 2014)

. . . Plaintiff has since challenged the Court’s reliance on § 702.015. (Doc. # 93). . . . Section 702.015 “applies to cases filed on or after July 1, 2013.” Fla. Stat. § 702.015. Note A. . . . before § 702.015 became effective. . . . Stat. § 702.015(4). . . . that § 702.015(4) applies only to promissory notes for residential properties. . . .