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  • Stokesord

    Diunggah oleh

    Carol Lawson Kingston
    27 tayangan2 halaman
    The court granted the defendant's motion to dismiss the plaintiff's foreclosure complaint for improper verification. The verification was not signed by someone with knowledge of the matters in the complaint or authorized to verify it on the plaintiff's behalf, as required by Florida rules. The plaintiff has 60 days to file an amended verified complaint in accordance with the rules. A separate motion to dismiss for fraud on the court will require an evidentiary hearing at a later date.

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    The court granted the defendant's motion to dismiss the plaintiff's foreclosure complaint for improper verification. The verification was not signed by someone with knowledge of the matters in the complaint or authorized to verify it on the plaintiff's behalf, as required by Florida rules. The plaintiff has 60 days to file an amended verified complaint in accordance with the rules. A separate motion to dismiss for fraud on the court will require an evidentiary hearing at a later date.

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    27 tayangan2 halaman

    Stokesord

    Diunggah oleh

    Carol Lawson Kingston
    The court granted the defendant's motion to dismiss the plaintiff's foreclosure complaint for improper verification. The verification was not signed by someone with knowledge of the matters in the complaint or authorized to verify it on the plaintiff's behalf, as required by Florida rules. The plaintiff has 60 days to file an amended verified complaint in accordance with the rules. A separate motion to dismiss for fraud on the court will require an evidentiary hearing at a later date.

    Hak Cipta:

    Attribution Non-Commercial (BY-NC)
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    dari 2

    \

    () \Cl AL
    IN THE CIRCUIT COURT, FOURTH
    JUDICIAL IN AND FOR
    DUVAL COUNTY, FLORIDA
    CASE NO.: 16-2011-CA-2233-:XXXX
    DIVISION: FC;.y- .
    US BANK NATIONAL ASSOCIATION,
    As TRUSTEE FOR THE STRUCTURED
    ASSEST SECURITIES CORPORATION
    MORTGAGE CERTIFICATES,
    SERIES, 2006, BC 4,
    Plaintiff,
    vs.
    JOHN.M. STOKES AIK/A MIKE STOKES,
    et al.


    ORDER ON MOTION TO DISMISS COMPLAINT FOR
    IMPROPER VERIFICATION AND FRAUD ON THE COURT
    This matter came on for heru:ing on January 29,2012, on the Motion to Dismiss
    the Complaint for Improper Verification, filed on behalf ofDefendant J olm Stokes.
    Having reviewed the motion to dismiss and the record in this case, the Court finds:
    Effective February 11, 2010, Florida Rule of Civil Procedure l.llO(b) requires
    plaintiff seeking to foreclose a residential mortgage to verify the complaint. In addition,
    any verification of a foreclostu'e complaint must be in conformity with Section 92.525,
    Florida Statutes (2011), as construed by Muss v. Lem1ar Florida Partners, 673 So. 2d 84
    (Fla. 4
    111
    DCA 1996). The $upreme 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).
    The puiported Rule-L 11 O(b} by ...
    is not reQresented or identified in any way to be co1111ected or related to
    ------- g_.....,..___ .,._____ ,...._.. ____ ,.._..
    '\
    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 oris
    - .
    authorized to verify the complaint on the Plaintiffs behalf. The complaint filed by
    Plaintiff in the instant action is not verified in accordance with Ru1e 1.11 O(b) as a result.
    The Motion for Fraud on the Court will require an evidentiary hearing to resolve.
    The current summary foreclosure calendar cam1ot accommodate the time needed for this
    matter and it should be set for hearing in the division to which it is assigned, CV-F.
    Accordingly, it is ORDERED:
    1. The Motion to Dismiss for Improper Verification is GRANTED.
    Plaintiff shall have 60 days from the date of this order to file an amended
    verified complaint in accordance with Rule 1.11 O(b ).
    2. Failure to timely file an amended verified complaint in accordance with
    this Order may result in dismissal without prejudice of this action.
    3. The Motion to Dismiss for Fraud on the Court shall be set for hearing at a
    later date in Division CV-F.
    DONE AND ORDERED in chambers at Jacksonville, Duval Coun_!y, Florida,
    . ORDER ENTltRED
    this ___ day ofFebruary, 2012.
    . FEB 0 8 2012
    Copies to:
    The Honorable Hugh A. Carithers
    April C. Charney, Esquire
    Jacksonville Area Legal Aid, Inc.
    126 West Adams Street
    Jacksonville, Florida 32202
    Brian R. Hummel, Esquire
    Florida Defau1t Law Group, P.L.
    9119 Corporate Lake Drive, Suite 300
    Tampa, Florida 33634
    IS/ WADDEll A. tllfALLACI:
    Waddell A. Wallace III
    Circuit Judge

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