Florida Senate - 2013 COMMITTEE AMENDMENT Bill No. CS for SB 1666 Barcode 806030 LEGISLATIVE ACTION Senate . House Comm: WD . 04/15/2013 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Judiciary (Soto) recommended the following: 1 Senate Amendment 2 3 Delete lines 671 - 717 4 and insert: 5 6 (a) Contain affirmative allegations expressly made by the 7 plaintiff at the time the proceeding is commenced that the 8 plaintiff is the owner and holder of the original note secured 9 by the mortgage; or 10 (b) Allege with specificity the factual basis by which the 11 plaintiff is a person entitled to enforce the note and mortgage 12 under s. 673.3011. 13 (3) If a plaintiff has been delegated the authority to 14 institute a mortgage foreclosure action on behalf of the person 15 entitled to enforce the note and mortgage, the complaint shall 16 describe the authority of the plaintiff and identify, with 17 specificity, the document that grants the plaintiff the 18 authority to act on behalf of the person entitled to enforce the 19 note and mortgage. This subsection is intended to require 20 initial disclosure of status and pertinent facts and not to 21 modify law regarding standing or real parties in interest. The 22 term “original note” or “original promissory note” means the 23 signed or executed promissory note rather than a copy thereof. 24 The term includes any renewal, replacement, consolidation, or 25 amended and restated note or instrument given in renewal, 26 replacement, or substitution for a previous promissory note. The 27 term also includes a transferrable record, as defined by the 28 Uniform Electronic Transaction Act in s. 668.50(16). 29 (4) If the plaintiff is in possession of the original 30 promissory note, the plaintiff must file under penalty of 31 perjury a certification with the court, contemporaneously with 32 the filing of the complaint for foreclosure, that the plaintiff 33 is in possession of the original promissory note. The 34 certification must set forth the location of the note, the name 35 and title of the individual giving the certification, the name 36 of the person who personally verified such possession, and the 37 time and date on which the possession was verified. Correct 38 copies of the note and all allonges to the note must be attached 39 to the certification. The original note and the allonges must be 40 filed with the court before the entry of any judgment of 41 foreclosure or judgment on the note. 42 (5) If the plaintiff seeks to enforce a lost, destroyed, or 43 stolen instrument, an affidavit executed under penalty of 44 perjury must be attached to the complaint. The affidavit must: 45 (a) Detail a clear chain of all endorsements, transfers, or 46 assignments of the promissory note that is the subject of the 47 action. 48 (b) Set forth facts showing that the plaintiff is entitled 49 to enforce a lost, destroyed, or stolen instrument pursuant to 50 s. 673.3091 or s. 71.011, whichever is applicable. Adequate 51 protection as required under s. 673.3091(2), shall be provided 52 before the entry of final judgment.