A few days ago, Florida’s 5th District Court of Appeal issued an interesting opinion, which may have accidentally opened the flood gate for banks. In it’s opinion, the 5th DCA found that Rule 1.110(b) which requires banks to verify foreclosure complaints, did NOT require the signor of the verification to list their job title or even their relationship to the Plaintiff.
This is a disturbing opinion for homeowners as it will result in homeowners not being allowed to challenge the verification on the foreclosure complaint. This screams in the face of the Florida Supreme Court’s opinion that created the verification rule 1.110(b) to attempt to prevent fraudulent foreclosure filings by forcing the Plaintiff to verify under oath the allegations in the complaint. If the person signing does not have to state their relation to the Plaintiff, then the Plaintiff can simply say that this person did not have authority to sign and thus any fraud in complaints was not authorized statements by Plaintiff.