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FLSC IN RE: AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE—FORM 1.996, 1.924 (Affidavit of Diligent Search and Inquiry)

FLSC IN RE: AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE—FORM 1.996, 1.924 (Affidavit of Diligent Search and Inquiry)


Along with the amendments to form 1.996(a), rule 1.110(b) was amended to require verification of mortgage foreclosure complaints involving residential real property. One of the primary purposes of this amendment was to ensure that plaintiffs and plaintiffs’ counsel do their “due diligence” and appropriately investigate and verify ownership of the note or right to enforce the note and ensure that the allegations in the complaint are accurate.

In light of recent reports of alleged document fraud and forgery in mortgage foreclosure cases, this new requirement is particularly important. The Court also adopted new form 1.924 (Affidavit of Diligent Search and Inquiry) to standardize affidavits of diligent search and inquiry and provide information to the court regarding the methods used to attempt to locate and serve the defendant and new form 1.996(b) (Motion to Cancel and Reschedule Foreclosure Sale) to provide the court with an explanation of why a foreclosure sale needs to be cancelled and request that the court reschedule the sale.

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