In re Amendments to the Florida Rules of Civil Procedure

Summary

The Florida Supreme Court consolidated two proceedings concerning amendments to the Florida Rules of Civil Procedure and related foreclosure forms. The court adopted a verification requirement for residential mortgage foreclosure complaints, new forms concerning diligent searches and foreclosure-sale rescheduling, and amendments to the final judgment of foreclosure form. The amendments became effective immediately, subject to a 60-day period for comments on specified changes.

Holdings

1. Florida Rule of Civil Procedure 1.110(b) is amended to require that every complaint seeking foreclosure of a mortgage on residential real property be verified.
2. Form 1.924 is adopted as the Affidavit of Diligent Search and Inquiry, with modifications requiring information about the person's age, identification of the person who performed the search, attempts to serve process, and inquiry of occupants regarding the borrower's location.
3. Form 1.996(b), a Motion to Cancel and Reschedule Foreclosure Sale, is adopted.
4. Form 1.996 is amended and renumbered as Form 1.996(a), including provisions concerning lienholders' claims to surplus funds, electronic judicial sales, calculation of amounts due, documentary stamps, redemption, surviving condominium and homeowners'-association liens, and issuance of writs of possession.

Questions Presented

1. Whether Florida Rule of Civil Procedure 1.110(b) should be amended to require verification of complaints seeking foreclosure of mortgages on residential real property.
2. Whether Form 1.924 should be adopted, with modifications, as a standardized affidavit of diligent search and inquiry for constructive service.
3. Whether Form 1.996(b) should be adopted as a motion to cancel and reschedule a mortgage foreclosure sale.
4. Whether Form 1.996 should be amended and renumbered as Form 1.996(a) to conform to statutory requirements and prevailing foreclosure practices.

Disposition

approved