Effective February 11, 2010, Florida Rule of Civil Procedure 1.110(b) requires plaintiff seeking to foreclose a residential mortgage to verify the complaint. In addition, any verification of a foreclosure complaint must be in conformity with Section 92.525, Florida Statutes (2011), as construed by Muss v. Lennar Florida Partners, 673 So. 2d 84 (Fla. 4th DCA 1996) [21 Fla. L. Weekly D849b]. The Supreme Court indicates in its opinion that one of the primary purposes of the rule change is to have the plaintiff appropriately investigate and verify its allegations. In re Amendments to The Florida Rules Civil Procedure, 44 So. 3d 555 (Fla. 2010) [35 Fla. L. Weekly S317a].
The purported verification in this action was signed by a“Debra Blaney,” who was not represented or identified in any way to be connected or related to the Plaintiff. There is no statement or allegation in the complaint or the verification indicating that Ms. Blaney has knowledge of the matters alleged in the complaint or is authorized to verify the complaint on the Plaintiff’s behalf. Consequently, the court finds that the complaint filed by Plaintiff in the instant action is not verified in accordance with Rule 1.110(b). The court continued Defendant’s Motion for Fraud on the Court for an evidentiary hearing, but granted Defendants Motion to Dismiss the foreclosure complaint with leave to amend within 60 days
US BANK NATIONAL ASSOCIATION, As TRUSTEE FOR THE STRUCTURED ASSEST SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES, 2006, BC 4, Plaintiff, vs. STOKES. Circuit Court, 4th Judicial Circuit in and for Duval County. Case No. 16-2011-CA-2233-XXXX, Division FC-F. February 8, 2012. Online Reference: FLWSUPP 1905STOK