NEWS

Florida Supreme Court Issues New Foreclosure Forms
January 18, 2016

On January 14, 2016, the Supreme Court of Florida (No. SC13-2384) issued a PER CURIUM Order amending the Florida Rules of Civil Procedure and forms as set forth in the appendix to the Opinion.

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The Opinion can be found at http://www.floridasupremecourt.org/decisions/2016/sc13-2384.pdf.

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The amended and new rules and forms were proposed in response to legislation regarding mortgage foreclosure actions. Chapter 2013-137, Laws of Florida, created section 702.015, Florida Statutes. This statutory provision sets forth pleading requirements for mortgage foreclosure complaints intended to “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.”

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The Civil Procedure Rules Committee (Committee) filed a “fast-track” out-of-cycle report, pursuant to Florida Rule of Judicial Administration 2.140(e), proposing amendments to the Florida Rules of Civil Procedure in response to legislative changes. Upon consideration of the Committee’s report and proposals, on December 11, 2014, the Court issued an opinion adopting the proposals and providing a sixty day comment period. In re Amends. to Fla. R. Civ. P., 153 So. 3d 258 (Fla. 2014). Multiple comments were filed, and the Committee filed a response proposing - 3 - several additional amendments to the rules and forms. Upon consideration of the comments filed and the Committee’s response, the court adopted the additional amendments as attached to the Order.

The Real Property Probate and Trust Law Section of The Florida Bar
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