Florida’s Fifth
District Court of Appeal just issued an opinion in
U.S. Bank, N.A. v. Wanio-Moore which seems to indicate that anyone can
verify a foreclosure complaint consistent with the requirements of Fla.R.Civ.P.
1.110(b). In fact, that person need not specify his/her position or title
with that verification, as a mere signature is sufficient. In the words
of the Fifth District, “the trial court erred in concluding that a foreclosure
verification must state must state the signer’s position” and “the rule does
not require any information about the signer’s positional authority.” http://www.5dca.org/Opinions/Opin2013/040113/5D12-1746.op.pdf
Florida’s Second
District Court of Appeal in Deutsche
Bank Nat’l Trust Co. v. Prevratil, where the Second District ruled that
Deutsche Bank could satisfy its obligation to verify the foreclosure complaint
under Fla.R.Civ.P. 1.110(b) by having its servicer and
attorney-in-fact, Select Portfolio Services, sign the verification. http://www.2dca.org/opinions/Opinion_Pages/Opinion_Pages_2013/March/March%2008,%202013/2D12-2030.pdf
Florida courts have
long required some type of evidence
– certainly something more than the filing of a complaint – to support a
conclusion that one is “likely” to prevail. See City of
Jacksonville v. Naegele Outdoor Advertising Co., 634 So. 2d 750 (Fla. 1st
DCA 1994).
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