Loan Servicer May Verify Foreclosure Complaint

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In this residential foreclosure case, the trial court dismissed an amended complaint whose verification was signed by a person on behalf of “Wells Fargo Bank, N.A. as contractual servicer for US Bank National Association.”  Applying Florida Rule of Civil Procedure 1.110(b), the appellate court reversed, holding: “A problem with the required verification arises from the fact that an entity like US Bank cannot sign a verification or an affidavit as ‘I.’ Most foreclosure actions are filed by commercial entities with numerous employees, agents, or independent contractors. As a result, some human being must sign the verification stating “’I declare . . . .’”  In so holding, however, the appellate court stated further that “we are not holding that a trial court lacks the authority to require a plaintiff in a foreclosure action to provide additional information concerning the person signing the verification.”

US Bank v. Marion, 38 Fla. L. Weekly D1788a (Fla. 2d DCA Aug. 21 2013)

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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