Florida Statute 702.10
was enacted to allow foreclosure Lenders a procedure by which they may attempt
to expedite the foreclosure process when they serve the homeowner with a
foreclosure lawsuit. Following the procedure of Florida Statute 702.10, once
the Lender serves you with a foreclosure lawsuit, the Lender must file a
motion for an Order to Show Cause and then the Court will enter an Order
requiring the homeowner to appear in court and contest why a Final Judgment of
Foreclosure should not be entered. Foreclosure Lenders have been trying
to employ this procedure more often as of late; however, most do not correctly
follow the procedure set forth in Florida Statute 702.10.
Under the plain language of Florida Statute 702.10, an
Order to Show Cause can only be entered when the foreclosure Lenders file a
“verified” pleading. Even though Florida Rules of Civil Procedure
1.110(b) permits foreclosure pleadings to be verified on “knowledge and
belief,” that is not the same verification requirement as in Florida Statute
702.10. For a foreclosure Lender to be able to employ the expedited
process set forth in Florida Statute 702.10, the pleading must be verified in
the manner set forth by Florida Statute 92.525, which is under penalty of
perjury.
The foregoing analysis might appear to be in direct
conflict with the Second District’s recent rulings on verification, which allow
foreclosure pleadings to be verified on “knowledge and belief.” However,
the Second District’s recent rulings dealt with the verification obligations in
the normal, run-of-the-mill case, not the expedited procedure set forth in
Florida Statute 702.10. Because of the technical nature of Florida Statute
702.10, it is recommended that you immediately contact an attorney once you are
served with a foreclosure complaint. You may also contact our office at
305-227-4030 for more information.
Ray Garcia, Esq.
Board
Certified in Real Estate Law
By the
Florida Bar
www.raygarcialaw.com
