Brad King State Attorney Request Criminal Prosecution Feb-23-2016

VIA UPS No.
1Z64589FP290965515
February 23, 2016
Brad King, State Attorney

State Attorneys Office
Florida Fifth Judicial Circuit
110 NW 1st Ave. Ste 5000
Ocala, FL 34475-6614
RE: Reverse Mortgage Solutions, Inc. v. Neil J. Gillespie and Mark Gillespie as Co-Trustees, et al.
Marion County Case No. 2013-CA-115, FL Fifth Judicial Circuit; 42-2013CA000115-CAAXXX

Dear Mr. King,
This is a request for criminal prosecution of Danielle Nicole Parsons, and Curtis Alan Wilson.
Ms. Parsons was the attorney who commenced 2013-CA-115. At the time she worked for
McCalla Raymer, see attached. Today the Florida Bar directory page for Ms. Parsons does not
show any employer, see attached. Mr. Wilson is a coconspirator who replaced Ms. Parsons, and
is employed by McCalla Raymer, see attached.
I spoke with Detective Dice on November 9, 2015. A draft transcript of the call shows,
12 [Dice] So that's a criminal statute [837.06], I agree with you
13 on that, but the jury instructions give us the elements
14 of the crime that we have to prove in court in order to
15 have probable cause. And one of them is we have to be
16 able to prove evidence of intent to mislead, so the mere
17 filing on a document is not intent to mislead. I have
18 to prove something else that goes along with it to, sort
19 of, put it together.
The intent to mislead and something else that goes along with it is the fact that Ms. Parsons
did not filed with the Clerk a Promissory Note (to show standing) required under a residential
foreclosure. Mr. Wilson has continued the case, with new violations.
Florida is a Judicial Foreclosure state. The citations to Floridas foreclosure statutes are:
F.S. 702.01 through 702.11, and
F.S. 45.031 through 45.0315.
1. Ms. Parsons filed a civil cover sheet (Form 1.997) not properly executed violating Rule
1.100(c)(2) Fla.R.Civ.Pro, see attached.
2. Ms. Parsons falsely verified the civil cover sheet to show a commercial, not a residential
foreclosure, in violation of F.S. 92.525, Verification of documents (and in violation of Rule
2.515, Signature and Certificates of Attorneys). I raised this issue by letter Dec-24-2014 to
Greg Harrel, the Clerks Counsel to no avail, see attached.
3. Ms. Parsons false verification mislead the Clerk to file case as a commercial foreclosure and
not a residential foreclosure, a violation of F.S. 837.06, False Official Statements, attached.

23
February 19, 2016
Page -2
4. Ms. Parsons did not file with the Clerk the Original Promissory Note showing a clear chain
of all endorsements, transfers, or assignments of the promissory note that is the subject of the
action. Mr. Wilson did not file with the Clerk the Original Promissory Note.
5. The Original Promissory Note is not filed with the Clerk in violation of F.S. 702.015
Elements of complaint; lost, destroyed, or stolen note affidavit.
6. The Original Promissory Note is not filed with the Clerk in violation of Rule 1.115 Pleading
Mortgage Foreclosures.
7. The Original Promissory Note is not filed with the Clerk by either Ms. Parsons or Mr.
Wilson SHOWING STANDING TO SUE ME!
Mr. Wilson repeated the foregoing, and more, with a number of Notice of Actions filed as
recently as January 19, 2016.
The record shows Mr. Wilson has been knowing using false or wrong addresses for parties
because the mail is being returned by the US Post office. The record shows there are no real trust
parties in this case, and no real unknown parties in this case. Apparently the Plaintiffs sued the
wrong parties.
My case does not appear in Order #A2015-24 - Backlog Foreclosure Program, showing my case
was singled out for denial of rights under color of law. Also see attached,
Florida Supreme Court Case No. SC13-2384 January 14, 2016 Mortgage Foreclosure
Fast-Track amendments of The Florida Bar to Mortgage Foreclosure Statute
Florida Bar Journal, Civil procedure rule amendments dealing with foreclosure actions
Form 1.997. Civil Cover Sheet, wrongly verified by Danielle Parsons as commercial
foreclosure
Form 1.997. Civil Cover Sheet, letter Dec-24-2014 to Greg Harrell, re Rule 1.100(c)(2)
Form 1.997. Civil Cover Sheet, with instructions, Fla R Civ Pro March 16, 2015
Rule 1.100. Pleadings and Motions
Rule 1.115. Pleading Mortgage Foreclosures
Rule 2.515. Signature and Certificates of Attorneys
Thank you in advance for the courtesy of a response.

Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Tel. 352-854-7807
Email: neilgillespie@mfi.net
Enclosures
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FOLD HERE
2/23/2016 5:38 PM
Page 1 of 1
Neil Gillespie
From:
To:
Cc:
Sent:
Subject:
"Greg Harrell" <gharrell@marioncountyclerk.org>

<neilgillespie@mfi.net>
"David Ellspermann" <Ellspermann@marioncountyclerk.org>
Monday, February 22, 2016 1:06 PM
Re: Record request to David R. Ellspermann, Marion County Clerk of Court & Comptroller
Mr. Gillespie:
It does not appear to us as though the plaintiff has yet filed the original note, only the copy that was attached to and
referenced in its complaint.
Gregory C. Harrell
General Counsel to David R. Ellspermann, Marion County Clerk of Court & Comptroller
P.O. Box 1030
Ocala, Florida 34478-1030
(352) 671-5603
gharrell@marioncountyclerk.org
>>> "Neil Gillespie" <neilgillespie@mfi.net> 02/22/2016 11:31 AM >>>
>
2/22/2016
VIA Email: Ellspermann@marioncountyclerk.org
February 22, 2016
David R. Ellspermann
Marion County Clerk of Court & Comptroller
Marion County Courthouse
110 NW 1st Ave.
Ocala, FL 34475
RE: Reverse Mortgage Solutions, Inc. v. Neil J. Gillespie and Mark Gillespie as Co-
Trustees, et al. Marion County Case No. 2013-CA-115, FL Fifth Judicial Circuit; 422013CA000115-CAAXXX
RE: Records request, Art. I, Sec. 24, Fla. Const. All public records requests shall be
acknowledged promptly and in good faith, F.S. 119.07(1)(c); and/or Rule 2.420(m)(1)
Fla. R. Jud. Admin.
Dear Mr. Ellspermann:
This is a request for a copy of the Original Promissory Note filed with the Clerk by the Plaintiff
in the above captioned residential home foreclosure case showing a clear chain of all
endorsements, transfers, or assignments of the promissory note that is the subject of the action,
required by F.S. 702.015 Elements of complaint; lost, destroyed, or stolen note affidavit.
Kindly provide by email a PDF copy of the Original Promissory Note filed with the Clerk by the
Plaintiff by end of business today. Otherwise I will conclude the Plaintiff did not file with the
Clerk the Original Promissory Note required by F.S. 702.015 and Rule 1.115, Fla. R. Civ. Pro.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Tel. 352-854-7807
Cc: Gregory C. Harrell by email: GHarrell@marioncountyclerk.org
General Counsel to David R. Ellspermann, Marion County Clerk of Court & Comptroller
Page 1 of 1
Neil Gillespie
From:
To:
Cc:
Sent:
Attach:
Subject:
"Neil Gillespie" <neilgillespie@mfi.net>

"David Ellspermann" <Ellspermann@marioncountyclerk.org>
"Greg Harrell" <GHarrell@marioncountyclerk.org>; "Neil Gillespie" <neilgillespie@mfi.net>
Monday, February 22, 2016 11:31 AM
Record request to David R. Ellspermann, Marion County Clerk of Court & Comptroller.pdf
Record request to David R. Ellspermann, Marion County Clerk of Court & Comptroller
2/22/2016
Page 1 of 1
Neil Gillespie
From:
To:
Sent:
Attach:
Subject:

Monday, February 22, 2016 11:36 AM
ATT00007.txt
Read: Record request to David R. Ellspermann, Marion County Clerk of Court & Comptroller
This is a receipt for the mail you sent to

"David Ellspermann" <Ellspermann@marioncountyclerk.org> at 2/22/2016 11:31 AM
This receipt verifies that the message has been displayed on the recipient's computer at 2/22/2016 11:36
AM
2/22/2016
VIA Email: BKing@sao5.org
February 19, 2016

Ocala, FL 34475-6614

Dear Mr. King,
This is a request for criminal prosecution of Danielle Nicole Parsons, and Curtis Alan Wilson.
Ms. Parsons was the attorney who commenced 2013-CA-115. At the time she worked for
McCalla Raymer, see attached. Today the Florida Bar directory page for Ms. Parsons does not
show any employer, see attached. Mr. Wilson is a coconspirator who replaced Ms. Parsons, and
is employed by McCalla Raymer, see attached.
The intent to mislead and something else that goes along with it is the fact that Ms. Parsons
did not filed with the Clerk a Promissory Note (to show standing) required under a residential
foreclosure. Mr. Wilson has continued the case, with new violations.
F.S. 702.01 through 702.11, and
F.S. 45.031 through 45.0315.
1. Ms. Parsons filed a civil cover sheet (Form 1.997) not properly executed violating Rule
1.100(c)(2) Fla.R.Civ.Pro, see attached.
2. Ms. Parsons falsely verified the civil cover sheet to show a commercial, not a residential
2.515, Signature and Certificates of Attorneys). I raised this issue by letter Dec-24-2014 to
Greg Harrel, the Clerks Counsel to no avail, see attached.
3. Ms. Parsons false verification mislead the Clerk to file case as a commercial foreclosure and
not a residential foreclosure, a violation of F.S. 837.06, False Official Statements, attached.

February 19, 2016

Page -2
4. Ms. Parsons did not file with the Clerk the Original Promissory Note showing a clear chain
of all endorsements, transfers, or assignments of the promissory note that is the subject of the
action. Mr. Wilson did not file with the Clerk the Original Promissory Note.
5. The Original Promissory Note is not filed with the Clerk in violation of F.S. 702.015
6. The Original Promissory Note is not filed with the Clerk in violation of Rule 1.115 Pleading
7. The Original Promissory Note is not filed with the Clerk by either Ms. Parsons or Mr.
Wilson SHOWING STANDING TO SUE ME!
Mr. Wilson repeated the foregoing, and more, with a number of Notice of Actions filed as
recently as January 19, 2016.
The record shows Mr. Wilson has been knowing using false or wrong addresses for parties
because the mail is being returned by the US Post office. The record shows there are no real trust
parties in this case, and no real unknown parties in this case. Apparently the Plaintiffs sued the
wrong parties.
My case does not appear in Order #A2015-24 - Backlog Foreclosure Program, showing my case
was singled out for denial of rights under color of law. Also see attached,
Form 1.997. Civil Cover Sheet, wrongly verified by Danielle Parsons as commercial
foreclosure

Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Tel. 352-854-7807
Ps. Is this the correct link to your website? http://jud5.flcourts.org/
Enclosures
Page 1 of 3
Neil Gillespie
From:
To:
Cc:
Sent:
Attach:
Subject:

"Brad King" <bking@sao5.org>; "Sheriff Chris Blair" <cblair@marionso.com>; "Captain Bill Sowder
MCSO" <bsowder@marionso.com>; "Gregg Jerald" <gjerald@marionso.com>; "Stan Mcclain"
<Stan.mcclain@marioncountyfl.org>; "Kathy Bryant" <Kathy.bryant@marioncountyfl.org>; "Guy
Minter" <matthew.minter@marioncountyfl.org>; "Earl Arnett" <Earl.arnett@marioncountyfl.org>;
"David Moore" <David.moore@marioncountyfl.org>; "Carl Zalak" <Carl.zalak@marioncountyfl.org>
"Neil Gillespie" <neilgillespie@mfi.net>; "Mark Gillespie" <mark.gillespie@att.net>
Friday, February 19, 2016 6:24 PM
837.06 False official statements.pdf; 92.525 Verification of documents; perjury by false written
declaration, penalty..pdf; 702.015 Elements of complaint; lost, destroyed, or stolen note affidavit.pdf;
Fast-Track amendments of The Florida Bar to Mortgage Foreclosure Statute.pdf; A2015-24 - Backlog
Foreclosure Program.pdf; TFB MemberProfile Danielle Nicole Parsons-MCCALLA RAYMER.pdf;
Florida Bar Journal, Civil procedure rule amendments dealing with foreclosure actions.pdf; Florida
Supreme Court Case No. SC13-2384 January 14, 2016 Mortgage Foreclosure.pdf; FORM 1.997.
CIVIL COVER SHEET, letter Dec-24-2014 to Greg Harrell, re Rule 1.100(c)(2).pdf; FORM 1.997.
CIVIL COVER SHEET, with instructions, Fla R Civ Pro March 16, 2015.pdf; FORM 1.997. CIVIL
COVER SHEET, wrongly verified by Danielle Parsons as commercial foreclosure.pdf; RULE 1.100.
PLEADINGS AND MOTIONS.pdf; RULE 1.115. PLEADING MORTGAGE FORECLOSURES.pdf;
RULE 2.515. SIGNATURE AND CERTIFICATES OF ATTORNEYS.pdf; TFB MemberProfile Curtis
Alan Wilson-MCCALLA RAYMER.pdf; TFB MemberProfile Danielle Nicole Parsons-Feb-19-2016.pdf;
Feb-19-2016 - Brad King, State Attorney, Request For Criminal Prosecution.pdf
Feb-19-2016 - Brad King, State Attorney, Request For Criminal Prosecution

Ocala, FL 34475-6614
Dear Mr. King,
This is a request for criminal prosecution of Danielle Nicole Parsons, and Curtis Alan Wilson. Ms.
Parsons was the attorney who commenced 2013-CA-115. At the time she worked for McCalla Raymer,
see attached. Today the Florida Bar directory page for Ms. Parsons does not show any employer, see
attached. Mr. Wilson is a coconspirator who replaced Ms. Parsons, and is employed by McCalla
Raymer, see attached.
The "intent to mislead" and "something else that goes along with it" is the fact that Ms. Parsons did not
2/23/2016
Page 2 of 3
filed with the Clerk a Promissory Note (to show standing) required under a residential foreclosure. Mr.
Wilson has continued the case, with new violations.
F.S. 702.01 through 702.11, and
F.S. 45.031 through 45.0315.
Ms. Parsons filed a civil cover sheet (Form 1.997) "not properly executed" violating Rule 1.100(c)
(2) Fla.R.Civ.Pro, see attached.
Ms. Parsons falsely verified the civil cover sheet to show a commercial, not a residential
2.515, Signature and Certificates of Attorneys). I raised this issue by letter Dec-24-2014 to Greg
Harrel, the Clerks Counsel to no avail, see attached.
Ms. Parsons false verification mislead the Clerk to file case as a commercial foreclosure and not
a residential foreclosure, a violation of F.S. 837.06, False Official Statements, attached.
Ms. Parsons did not file with the Clerk the Original Promissory Note showing a clear chain of all
endorsements, transfers, or assignments of the promissory note that is the subject of the action.
Mr. Wilson did not file with the Clerk the Original Promissory Note.
The Original Promissory Note is not filed with the Clerk in violation of F.S. 702.015 Elements
of complaint; lost, destroyed, or stolen note affidavit.
The Original Promissory Note is not filed with the Clerk in violation of Rule 1.115 Pleading
The Original Promissory Note is not filed with the Clerk by either Ms. Parsons or Mr. Wilson
SHOWING STANDING TO SUE ME!
Mr. Wilson repeated the foregoing, and more, with a number of "Notice of Actions" filed as recently as
January 19, 2016.
The record shows Mr. Wilson has been knowing using false or wrong addresses for parties because the
mail is being returned by the US Post office. The record shows there are no real trust parties in this case,
and no real "unknown" parties in this case. Apparently the Plaintiffs sued the wrong parties.
My case does not appear in Order #A2015-24 - Backlog Foreclosure Program, showing my case was
singled out for denial of rights under color of law. Also see attached,
z
z
z
z
z
z
z
z
Form 1.997. Civil Cover Sheet, wrongly verified by Danielle Parsons as commercial foreclosure
2/23/2016
Page 3 of 3

Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Tel. 352-854-7807
Enclosures
Ps. Is this the correct link to your website? http://jud5.flcourts.org/
2/23/2016
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0702/Sections/0702.015.html
Select Year:
The 2015 Florida Statutes

Title XL
REAL AND PERSONAL
PROPERTY
Chapter 702
FORECLOSURE OF MORTGAGES AND STATUTORY
LIENS
View Entire
Chapter
702.015
(1) The Legislature intends that this section expedite the foreclosure process by ensuring initial disclosure
of a plaintiffs status and the facts supporting that status, thereby ensuring the availability of documents
necessary to the prosecution of the case.
(2) A complaint that seeks to foreclose a mortgage or other lien on residential real property, including
individual units of condominiums and cooperatives, designed principally for occupation by from one to four
families which secures a promissory note must:
(a) Contain affirmative allegations expressly made by the plaintiff at the time the proceeding is
commenced that the plaintiff is the holder of the original note secured by the mortgage; or
(b) Allege with specificity the factual basis by which the plaintiff is a person entitled to enforce the note
under s. 673.3011.
(3) If a plaintiff has been delegated the authority to institute a mortgage foreclosure action on behalf of
the person entitled to enforce the note, the complaint shall describe the authority of the plaintiff and identify,
with specificity, the document that grants the plaintiff the authority to act on behalf of the person entitled to
enforce the note. This subsection is intended to require initial disclosure of status and pertinent facts and not
to modify law regarding standing or real parties in interest. The term original note or original promissory
note means the signed or executed promissory note rather than a copy thereof. The term includes any
renewal, replacement, consolidation, or amended and restated note or instrument given in renewal,
replacement, or substitution for a previous promissory note. The term also includes a transferable record, as
defined by the Uniform Electronic Transaction Act in s. 668.50(16).
(4) If the plaintiff is in possession of the original promissory note, the plaintiff must file under penalty of
perjury a certification with the court, contemporaneously with the filing of the complaint for foreclosure, that
the plaintiff is in possession of the original promissory note. The certification must set forth the location of the
note, the name and title of the individual giving the certification, the name of the person who personally
verified such possession, and the time and date on which the possession was verified. Correct copies of the
note and all allonges to the note must be attached to the certification. The original note and the allonges
must be filed with the court before the entry of any judgment of foreclosure or judgment on the note.
(5) If the plaintiff seeks to enforce a lost, destroyed, or stolen instrument, an affidavit executed under
penalty of perjury must be attached to the complaint. The affidavit must:
(a) Detail a clear chain of all endorsements, transfers, or assignments of the promissory note that is the
subject of the action.
(b) Set forth facts showing that the plaintiff is entitled to enforce a lost, destroyed, or stolen instrument
pursuant to s. 673.3091. Adequate protection as required under s. 673.3091(2) shall be provided before the
entry of final judgment.
(c) Include as exhibits to the affidavit such copies of the note and the allonges to the note, audit reports
2/10/2016 11:44 AM
showing receipt of the original note, or other evidence of the acquisition, ownership, and possession of the
note as may be available to the plaintiff.
(6) The court may sanction the plaintiff for failure to comply with this section.
(7) This section does not apply to any foreclosure proceeding involving timeshare interests under part III of
chapter 721.
History.s. 3, ch. 2013-137.
Copyright 1995-2016 The Florida Legislature Privacy Statement Contact Us
2/10/2016 11:44 AM
Select Year:

Title XLVI
CRIMES
Chapter 837
PERJURY
View Entire Chapter
837.06
False official statements. Whoever knowingly makes a false statement in writing with the
intent to mislead a public servant in the performance of his or her official duty shall be guilty of a
misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.s. 58, ch. 74-383; s. 34, ch. 75-298; s. 207, ch. 91-224; s. 1313, ch. 97-102.
2/7/2016 5:05 PM
Select Year:

Title VII
EVIDENCE
Chapter 92
WITNESSES, RECORDS, AND DOCUMENTS
View Entire Chapter
92.525
Verification of documents; perjury by false written declaration, penalty.
(1) If authorized or required by law, by rule of an administrative agency, or by rule or order of court that a
document be verified by a person, the verification may be accomplished in the following manner:
(a) Under oath or affirmation taken or administered before an officer authorized under s. 92.50 to
administer oaths;
(b) Under oath or affirmation taken or administered by an officer authorized under s. 117.10 to administer
oaths; or
(c) By the signing of the written declaration prescribed in subsection (2).
(2) A written declaration means the following statement: Under penalties of perjury, I declare that I have
read the foregoing [document] and that the facts stated in it are true, followed by the signature of the person
making the declaration, except when a verification on information or belief is permitted by law, in which case
the words to the best of my knowledge and belief may be added. The written declaration shall be printed or
typed at the end of or immediately below the document being verified and above the signature of the person
making the declaration.
(3) A person who knowingly makes a false declaration under subsection (2) is guilty of the crime of perjury
by false written declaration, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
(4) As used in this section:
(a) The term administrative agency means any department or agency of the state or any county,
municipality, special district, or other political subdivision.
(b) The term document means any writing including, without limitation, any form, application, claim,
notice, tax return, inventory, affidavit, pleading, or paper.
(c) The requirement that a document be verified means that the document must be signed or executed by
a person and that the person must state under oath or affirm that the facts or matters stated or recited in the
document are true, or words of that import or effect.
History.s. 12, ch. 86-201; s. 1, ch. 2015-23.
2/7/2016 5:17 PM
IN THE CIRCUIT COURT FOR THE FIFTH JUDICIAL CIRCUIT
OF THE STATE OF FLORIDA
ADMINISTRATIVE ORDER NO. A-2015-24
ADMINISTRATIVE ORDER ASSIGNING A SENIOR JUDGE TO THE BACKLOG
FORECLOSURE DOCKET IN MARION COUNTY
The Honorable Victor J. Musleh, having been assigned by the Chief Justice of the
Supreme Court of Florida to serve as a Senior Judge on a statewide basis is hereby duly assigned
by the Chief Judge of this Fifth Circuit to preside in Marion County over the foreclosure docket
that has been designated as the local "backlog foreclosure docket" attached hereto and
incorporated herein.
ADMINISTRATIVE ORDER A2014-31 IS HEREBY RESCINDED.
Chief Judge, Fifth Judicial Circuit

The Honorable Victor J. Musleh.
The Honorable David B. Eddy, Administrative Judge
Clerk of Court, Marion County
case_number
05CA002215AX
07CA002585AX
07CA003531AX
08CA000411AX
08CA000958AX
08CA001885AX
08CA002134AX
08CA002856AX
08CA003056AX
08CA004381AX
08CA004830AX
08CA005513AX
08CA006083AX
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09CA006546AX
09CA007199AX
10CA000138AX
10CA000320AX
10CA000390AX
10CA000483AX
10CA000651AX
10CA000904AX
case_status_title
REOPENED
PURGE HRG SET
REOPENED
REOPENED
REOPENED
OPEN
REOPENED
REOPENED
REOPENED
REOPENED
OPEN
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
OPEN
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
OPEN
REOPENED
REOPENED
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REOPENED
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OPEN
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filing_type_title
FOR
FOR
FOR
FOR
FOR
FOR
FOR
FOR
FOR
FOR
FOR
FOR
FOR
FOR
FOR
FOR
FOR
FOR
FOR
FOR
FOR
FOR
FOR
FOR
FOR
FOR
FOR
FOR
FOR
FOR
FOR
FOR
FOR
FOR
FOR
FOR
FOR
FOR
FOR
FOR
RP/MF-RES $50K-$249K
RP/MF-OTH $0-$50K
filing_date
10/21/2005
9/17/2007
11/20/2007
1/28/2008
2/27/2008
4/18/2008
5/1/2008
6/11/2008
6/20/2008
8/26/2008
9/17/2008
10/20/2008
11/18/2008
11/25/2008
12/3/2008
12/10/2008
12/31/2008
1/8/2009
1/28/2009
2/27/2009
3/4/2009
3/30/2009
4/7/2009
4/13/2009
4/23/2009
5/11/2009
5/14/2009
5/20/2009
6/2/2009
6/5/2009
6/10/2009
6/19/2009
6/24/2009
6/29/2009
7/13/2009
7/22/2009
8/7/2009
10/13/2009
11/18/2009
12/28/2009
1/12/2010
1/21/2010
1/26/2010
1/29/2010
2/8/2010
2/18/2010
10CA001109AX
10CA001397AX
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10CA001539AX
10CA001825AX
10CA001830AX
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10CA002120AX
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10CA004141AX
10CA004184AX
10CA004198AX
10CA004300AX
10CA004747AX
10CA004792AX
10CA005082AX
10CA005154AX
11CA000163AX
11CA000192AX
11CA000428AX
11CA000640AX
11CA000876AX
11CA000881AX
11CA001152AX
11CA001529AX
11CA001589AX
11CA001703AX
11CA001846AX
11CA001921AX
11CA001926AX
11CA002005AX
11CA002008AX
11CA002029AX
REOPENED
REOPENED
REOPENED
OPEN
REOPENED
REOPENED
REOPENED
OPEN
REOPENED
REOPENED
REOPENED
REOPENED
OPEN
REOPENED
REOPENED
OPEN
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
OPEN
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
PURGE HRG SET
OPEN
OPEN
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
OPEN
REOPENED
OPEN
OPEN
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
RP/MF-NONR $50-$249K
RP/MF-OTH $250K+
RP/MF-OTH $250K+
RP/MF-OTH $0-$50K
RP/MF-RES $250K+
RP/MF-NONR $250K+
RP/MF-NONR $250K+
RP/MF-RES $0-50K
RP/MF-OTH $250K+
RP/MF-OTH $0-$50K
RP/MF-RES $250K+
RP/MF-RES $250K+
RP/MF-OTH $0-$50K
RP/MF-RES $250K+
RP/MF-OTH $50K-$249K
RP/MF-RES $250K+
2/26/2010
3/17/2010
3/19/2010
3/23/2010
3/25/2010
4/12/2010
4/12/2010
4/9/2010
4/29/2010
5/4/2010
5/5/2010
5/7/2010
5/21/2010
5/25/2010
6/7/2010
6/9/2010
6/24/2010
7/2/2010
7/14/2010
8/23/2010
8/25/2010
9/13/2010
9/13/2010
9/16/2010
9/20/2010
9/21/2010
9/28/2010
11/1/2010
11/2/2010
12/8/2010
12/13/2010
1/14/2011
1/19/2011
2/11/2011
3/3/2011
3/25/2011
3/25/2011
4/20/2011
5/31/2011
6/8/2011
6/17/2011
6/29/2011
7/7/2011
7/7/2011
7/14/2011
7/14/2011
7/18/2011
11CA002120AX
11CA002170AX
11CA002220AX
11CA002330AX
11CA002331AX
11CA002348AX
11CA002349AX
11CA002350AX
11CA002352AX
11CA002353AX
11CA002368AX
11CA002369AX
11CA002370AX
11CA002392AX
11CA002393AX
11CA002394AX
11CA002395AX
11CA002410AX
11CA002440AX
11CA002473AX
11CA002474AX
11CA002483AX
11CA002531AX
11CA002562AX
11CA002650AX
11CA002668AX
11CA002672AX
11CA002673AX
11CA002734AX
11CA002769AX
11CA002811AX
11CA002864AX
11CA002937AX
11CA002949AX
11CA003032AX
11CA003046AX
11CA003122AX
11CA003123AX
11CA003167AX
11CA003176AX
11CA003187AX
11CA003260AX
11CA003361AX
11CA003470AX
11CA003536AX
11CA003598AX
11CA003781AX
REOPENED
PURGE HRG SET
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
OPEN
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
OPEN
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
RP/MF-OTH $0-$50K
RP/MF-NONR $0-$50K
RP/MF-NONR $250K+
RP/MF-OTH $0-$50K
RP/MF-NONR $250K+
RP/MF-NONR $250K+
RP/MF-NONR $250K+
RP/MF-NONR $250K+
RP/MF-NONR $250K+
RP/MF-NONR $250K+
RP/MF-NONR $250K+
RP/MF-NONR $250K+
RP/MF-NONR $250K+
RP/MF-NONR $0-$50K
RP/MF-NONR $250K+
RP/MF-NONR $250K+
7/26/2011
7/28/2011
8/5/2011
8/16/2011
8/16/2011
8/17/2011
8/17/2011
8/17/2011
8/17/2011
8/17/2011
8/18/2011
8/18/2011
8/18/2011
8/19/2011
8/19/2011
8/19/2011
8/19/2011
8/22/2011
8/24/2011
8/26/2011
8/26/2011
8/29/2011
8/31/2011
9/1/2011
9/9/2011
9/9/2011
9/9/2011
9/9/2011
9/15/2011
9/16/2011
9/20/2011
9/23/2011
9/29/2011
9/29/2011
10/7/2011
10/10/2011
10/14/2011
10/14/2011
10/18/2011
10/19/2011
10/19/2011
10/25/2011
11/1/2011
11/10/2011
11/16/2011
11/21/2011
12/6/2011
11CA003828AX
11CA003855AX
11CA003925AX
11CA003997AX
11CA004000AX
12CA000016AX
12CA000036AX
12CA000096AX
12CA000367AX
12CA000381AX
12CA000553AX
12CA000624AX
12CA000642AX
12CA000849AX
12CA000874AX
12CA000952AX
12CA000959AX
12CA000966AX
12CA001080AX
12CA001119AX
12CA001139AX
12CA001150AX
12CA001158AX
12CA001188AX
12CA001286AX
12CA001475AX
12CA001493AX
12CA001638AX
12CA001659AX
12CA001750AX
12CA001948AX
12CA002016AX
12CA002091AX
12CA002164AX
12CA002200AX
12CA002265AX
12CA002311AX
12CA002347AX
12CA002374AX
12CA002391AX
12CA002406AX
12CA002605AX
12CA002636AX
12CA002650AX
12CA002696AX
12CA002764AX
12CA002770AX
REOPENED
REOPENED
REOPENED
OPEN
OPEN
REOPENED
REOPENED
REOPENED
REOPENED
OPEN
REOPENED
OPEN
OPEN
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
OPEN
REOPENED
OPEN
OPEN
OPEN
REOPENED
OPEN
REOPENED
OPEN
OPEN
REOPENED
REOPENED
REOPENED
REOPENED
OPEN
REOPENED
REOPENED
REOPENED
OPEN
REOPENED
REOPENED
OPEN
OPEN
REOPENED
REOPENED
OPEN
REOPENED
RP/MF-RES $250K+
RP/MF-RES $250K+
RP/MF-NONR $0-$50K
RP/MF-OTH $0-$50K
RP/MF-RES $250K+
RP/MF-RES $250K+
RP/MF-NONR $250K+
RP/MF-RES $250K+
RP/MF-RES $250K+
RP/MF-NONR $250K+
RP/MF-RES $250K+
RP/MF-NONR $250K+
RP/MF-OTH $0-$50K
12/9/2011
12/13/2011
12/19/2011
12/23/2011
12/23/2011
1/3/2012
1/5/2012
1/10/2012
1/30/2012
1/31/2012
2/10/2012
2/17/2012
2/17/2012
3/5/2012
3/5/2012
3/9/2012
3/12/2012
3/12/2012
3/16/2012
3/19/2012
3/20/2012
3/21/2012
3/21/2012
3/23/2012
3/30/2012
4/9/2012
4/13/2012
4/24/2012
4/25/2012
5/1/2012
5/15/2012
5/21/2012
5/25/2012
6/1/2012
6/5/2012
6/11/2012
6/14/2012
6/15/2012
6/19/2012
6/11/2012
6/21/2012
7/2/2012
7/3/2012
7/5/2012
7/9/2012
7/13/2012
7/13/2012
12CA002774AX
12CA002788AX
12CA002794AX
12CA002828AX
12CA002863AX
12CA002864AX
12CA002865AX
12CA002876AX
12CA002912AX
12CA002947AX
12CA002950AX
12CA002957AX
12CA002958AX
12CA002959AX
12CA002983AX
12CA002985AX
12CA003000AX
12CA003063AX
12CA003089AX
12CA003091AX
12CA003096AX
12CA003100AX
12CA003193AX
12CA003247AX
12CA003253AX
12CA003255AX
12CA003261AX
12CA003273AX
12CA003275AX
12CA003279AX
12CA003281AX
12CA003295AX
12CA003321AX
12CA003343AX
12CA003344AX
12CA003407AX
12CA003413AX
12CA003430AX
12CA003434AX
12CA003451AX
12CA003465AX
12CA003639AX
12CA003648AX
12CA003653AX
12CA003698AX
12CA003758AX
12CA003787AX
REOPENED
OPEN
REOPENED
REOPENED
OPEN
OPEN
OPEN
REOPENED
REOPENED
REOPENED
OPEN
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
OPEN
REOPENED
REOPENED
OPEN
REOPENED
OPEN
REOPENED
REOPENED
REOPENED
REOPENED
OPEN
OPEN
PURGE HRG SET
OPEN
REOPENED
OPEN
OPEN
REOPENED
REOPENED
OPEN
OPEN
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
OPEN
REOPENED
REOPENED
REOPENED
RP/MF-RES $250K+
RP/MF-NONR $250K+
RP/MF-RES $0-50K
RP/MF-RES $0-50K
RP/MF-RES $250K+
RP/MF-RES $0-50K
RP/MF-RES $250K+
7/10/2012
7/16/2012
7/16/2012
7/18/2012
7/20/2012
7/20/2012
7/20/2012
7/19/2012
7/23/2012
7/25/2012
7/25/2012
7/25/2012
7/25/2012
7/26/2012
7/27/2012
7/27/2012
7/30/2012
8/1/2012
8/3/2012
8/3/2012
8/3/2012
8/3/2012
8/9/2012
8/14/2012
8/14/2012
8/14/2012
8/14/2012
8/15/2012
8/16/2012
8/16/2012
8/16/2012
8/16/2012
8/17/2012
8/20/2012
8/20/2012
8/24/2012
8/24/2012
8/24/2012
8/27/2012
8/28/2012
8/29/2012
9/11/2012
9/12/2012
9/12/2012
9/14/2012
9/20/2012
9/24/2012
12CA003789AX
12CA003807AX
12CA003840AX
12CA003862AX
12CA003880AX
12CA003910AX
12CA003941AX
12CA003958AX
12CA003976AX
12CA003986AX
12CA004028AX
12CA004048AX
12CA004054AX
12CA004076AX
12CA004111AX
12CA004112AX
12CA004183AX
12CA004204AX
12CA004207AX
12CA004239AX
12CA004268AX
12CA004284AX
12CA004313AX
12CA004396AX
12CA004494AX
12CA004548AX
12CA004562AX
12CA004580AX
12CA004612AX
12CA004613AX
12CA004694AX
12CA004798AX
12CA004865AX
12CA004875AX
12CA004886AX
12CA004919AX
12CA004942AX
12CA004945AX
12CA004950AX
12CA004963AX
12CA004999AX
12CA005024AX
12CA005046AX
12CA005049AX
12CA005072AX
12CA005148AX
13CA000008AX
REOPENED
OPEN
OPEN
OPEN
REOPENED
OPEN
REOPENED
REOPENED
REOPENED
OPEN
OPEN
REOPENED
OPEN
OPEN
REOPENED
OPEN
REOPENED
REOPENED
REOPENED
OPEN
REOPENED
REOPENED
REOPENED
OPEN
REOPENED
REOPENED
REOPENED
OPEN
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
OPEN
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
OPEN
REOPENED
REOPENED
REOPENED
OPEN
OPEN
OPEN
RP/MF-NONR $0-$50K
RP/MF-NONR $250K+
RP/MF-RES $250K+
RP/MF-RES $250K+
RP/MF-NONR $0-$50K
RP/MF-RES $250K+
RP/MF-RES $250K+
RP/MF-RES $250K+
RP/MF-RES $250K+
RP/MF-RES $250K+
RP/MF-NONR $250K+
RP/MF-RES $250K+
RP/MF-NONR $0-$50K
RP/MF-OTH $0-$50K
RP/MF-RES $250K+
RP/MF-RES $250K+
RP/MF-NONR $0-$50K
RP/MF-NONR $250K+
RP/MF-RES $0-50K
RP/MF-NONR $250K+
RP/MF-OTH $0-$50K
9/24/2012
9/25/2012
9/26/2012
9/27/2012
9/28/2012
10/1/2012
10/2/2012
10/3/2012
10/4/2012
10/4/2012
10/8/2012
10/9/2012
10/9/2012
10/10/2012
10/12/2012
10/12/2012
10/17/2012
10/17/2012
10/18/2012
10/19/2012
10/23/2012
10/24/2012
10/25/2012
10/31/2012
11/7/2012
11/13/2012
11/13/2012
11/14/2012
11/15/2012
11/16/2012
11/21/2012
12/3/2012
12/6/2012
12/7/2012
12/10/2012
12/12/2012
12/13/2012
12/13/2012
12/13/2012
12/13/2012
12/17/2012
12/18/2012
12/20/2012
12/20/2012
12/21/2012
12/28/2012
1/2/2013
13CA000060AX
13CA000090AX
13CA000122AX
13CA000125AX
13CA000161AX
13CA000178AX
13CA000180AX
13CA000191AX
13CA000243AX
13CA000253AX
13CA000258AX
13CA000280AX
13CA000281AX
13CA000318AX
13CA000328AX
13CA000330AX
13CA000337AX
13CA000338AX
13CA000352AX
13CA000362AX
13CA000374AX
13CA000375AX
13CA000393AX
13CA000394AX
13CA000445AX
13CA000485AX
13CA000619AX
13CA000706AX
13CA000712AX
13CA000727AX
13CA000737AX
13CA000751AX
13CA000766AX
13CA000801AX
13CA000816AX
13CA000838AX
13CA000880AX
13CA000893AX
13CA000933AX
13CA000935AX
13CA000946AX
13CA000952AX
13CA000964AX
13CA000976AX
13CA001010AX
13CA001015AX
13CA001034AX
OPEN
OPEN
OPEN
REOPENED
OPEN
OPEN
OPEN
OPEN
OPEN
REOPENED
OPEN
OPEN
PURGE HRG SET
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
REOPENED
OPEN
REOPENED
OPEN
OPEN
OPEN
REOPENED
REOPENED
OPEN
OPEN
REOPENED
OPEN
OPEN
REOPENED
REOPENED
OPEN
OPEN
REOPENED
OPEN
REOPENED
REOPENED
OPEN
OPEN
OPEN
REOPENED
OPEN
OPEN
RP/MF-RES $0-50K
RP/MF-NONR $250K+
RP/MF-RES $0-50K
RP/MF-NONR $250K+
RP/MF-RES $250K+
RP/MF-NONR $250K+
FOR
RP/MF-NONR $250K+
RP/MF-RES $250K+
RP/MF-RES $250K+
RP/MF-RES $250K+
RP/MF-NONR $250K+
RP/MF-OTH $0-$50K
1/4/2013
1/7/2013
1/10/2013
1/10/2013
1/14/2013
1/15/2013
1/15/2013
1/16/2013
1/18/2013
1/22/2013
1/22/2013
1/23/2013
1/23/2013
1/25/2013
1/25/2013
1/25/2013
1/28/2013
1/28/2013
1/28/2013
1/28/2013
1/29/2013
1/29/2013
1/30/2013
1/31/2013
2/4/2013
2/5/2013
2/14/2013
2/21/2013
2/21/2013
2/22/2013
2/22/2013
2/25/2013
2/26/2013
2/28/2013
3/1/2013
3/1/2013
3/5/2013
3/6/2013
3/8/2013
3/8/2013
3/11/2013
3/11/2013
3/12/2013
3/13/2013
3/14/2013
3/15/2013
3/15/2013
13CA001039AX
13CA001047AX
13CA001078AX
13CA001079AX
13CA001085AX
13CA001095AX
13CA001120AX
13CA001132AX
13CA001133AX
13CA001195AX
13CA001233AX
13CA001236AX
13CA001254AX
13CA001276AX
13CA001291AX
13CA001293AX
13CA001307AX
13CA001329AX
13CA001352AX
13CA001353AX
13CA001370AX
13CA001376AX
13CA001413AX
13CA001425AX
13CA001442AX
13CA001460AX
13CA001466AX
13CA001497AX
13CA001498AX
13CA001522AX
13CA001523AX
13CA001534AX
13CA001536AX
13CA001539AX
13CA001545AX
13CA001559AX
13CA001564AX
13CA001581AX
13CA001583AX
13CA001606AX
13CA001639AX
13CA001665AX
13CA001682AX
13CA001699AX
13CA001701AX
13CA001703AX
13CA001760AX
REOPENED
REOPENED
OPEN
REOPENED
OPEN
REOPENED
OPEN
PURGE HRG SET
OPEN
REOPENED
REOPENED
REOPENED
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
PURGE HRG SET
OPEN
OPEN
OPEN
OPEN
REOPENED
OPEN
OPEN
OPEN
REOPENED
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
REOPENED
OPEN
OPEN
OPEN
REOPENED
OPEN
REOPENED
REOPENED
RP/MF-NONR $250K+
RP/MF-NONR $0-$50K
RP/MF-RES $250K+
RP/MF-RES $250K+
RP/MF-OTH $0-$50K
RP/MF-RES $250K+
RP/MF-OTH $0-$50K
RP/MF-RES $250K+
RP/MF-RES $0-50K
3/18/2013
3/18/2013
3/19/2013
3/19/2013
3/20/2013
3/21/2013
3/21/2013
3/22/2013
3/22/2013
3/27/2013
3/28/2013
3/28/2013
3/29/2013
4/1/2013
4/2/2013
4/3/2013
4/4/2013
4/8/2013
4/9/2013
4/9/2013
4/11/2013
4/11/2013
4/16/2013
4/16/2013
4/17/2013
4/18/2013
4/18/2013
4/22/2013
4/22/2013
4/23/2013
4/23/2013
4/23/2013
4/24/2013
4/24/2013
4/24/2013
4/25/2013
4/25/2013
4/25/2013
4/29/2013
5/1/2013
5/3/2013
5/6/2013
5/6/2013
5/7/2013
5/7/2013
5/8/2013
5/11/2013
13CA001820AX
13CA001841AX
13CA001877AX
13CA001886AX
13CA001894AX
13CA001904AX
13CA001912AX
13CA001923AX
13CA001929AX
13CA001932AX
13CA001945AX
13CA001947AX
13CA001954AX
13CA001989AX
13CA002013AX
13CA002017AX
13CA002037AX
13CA002041AX
13CA002077AX
13CA002087AX
13CA002119AX
13CA002135AX
13CA002167AX
13CA002213AX
13CA002218AX
13CA002223AX
13CA002231AX
13CA002284AX
13CA002293AX
13CA002299AX
13CA002322AX
13CA002326AX
13CA002327AX
13CA002335AX
13CA002379AX
13CA002381AX
13CA002385AX
13CA002397AX
13CA002432AX
13CA002451AX
13CA002470AX
13CA002503AX
13CA002524AX
13CA002552AX
13CA002563AX
13CA002578AX
13CA002586AX
REOPENED
OPEN
REOPENED
OPEN
OPEN
OPEN
OPEN
REOPENED
PURGE HRG SET
REOPENED
OPEN
REOPENED
OPEN
OPEN
REOPENED
OPEN
OPEN
REOPENED
OPEN
REOPENED
OPEN
OPEN
REOPENED
PURGE HRG SET
OPEN
REOPENED
OPEN
PURGE HRG SET
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
REOPENED
REOPENED
OPEN
OPEN
OPEN
REOPENED
OPEN
RP/MF-NONR $0-$50K
RP/MF-OTH $0-$50K
RP/MF-RES $0-50K
RP/MF-OTH $0-$50K
RP/MF-NONR $250K+
RP/MF-RES $0-50K
RP/MF-RES $0-50K
RP/MF-NONR $250K+
RP/MF-RES $250K+
RP/MF-NONR $0-$50K
5/16/2013
5/17/2013
5/21/2013
5/21/2013
5/22/2013
5/23/2013
5/23/2013
5/24/2013
5/25/2013
5/27/2013
5/28/2013
5/28/2013
5/28/2013
5/30/2013
5/31/2013
5/31/2013
6/3/2013
6/3/2013
6/6/2013
6/6/2013
6/10/2013
6/12/2013
6/14/2013
6/18/2013
6/18/2013
6/18/2013
6/19/2013
6/24/2013
6/25/2013
6/25/2013
6/27/2013
6/26/2013
6/26/2013
6/27/2013
6/28/2013
6/29/2013
6/29/2013
6/30/2013
7/9/2013
7/11/2013
7/16/2013
7/19/2013
7/23/2013
7/29/2013
7/30/2013
7/31/2013
8/1/2013
13CA002590AX
13CA002616AX
13CA002633AX
13CA002704AX
13CA002719AX
13CA002744AX
13CA002758AX
13CA002769AX
13CA002809AX
13CA002811AX
13CA002825AX
13CA002831AX
13CA002838AX
13CA002849AX
13CA002850AX
13CA002874AX
13CA002879AX
13CA002881AX
13CA002897AX
13CA002916AX
13CA002947AX
13CA002959AX
13CA002960AX
13CA002965AX
13CA002970AX
13CA003001AX
13CA003006AX
13CA003008AX
13CA003023AX
13CA003024AX
13CA003025AX
13CA003030AX
13CA003035AX
13CA003057AX
13CA003090AX
13CA003100AX
13CA003110AX
13CA003122AX
13CA003131AX
13CA003135AX
13CA003137AX
13CA003146AX
13CA003149AX
13CA003156AX
13CA003172AX
13CA003175AX
13CA003179AX
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
REOPENED
OPEN
OPEN
OPEN
OPEN
OPEN
REOPENED
PURGE HRG SET
OPEN
OPEN
REOPENED
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
REOPENED
OPEN
OPEN
OPEN
REOPENED
OPEN
PURGE HRG SET
REOPENED
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
RP/MF-NONR $0-$50K
RP/MF-OTH $0-$50K
RP/MF-NONR $250K+
RP/MF-RES $250K+
RP/MF-RES $0-50K
RP/MF-RES $0-50K
RP/MF-NONR $0-$50K
RP/MF-RES $0-50K
RP/MF-RES $0-50K
RP/MF-RES $0-50K
RP/MF-NONR $250K+
RP/MF-RES $250K+
RP/MF-RES $0-50K
8/2/2013
8/7/2013
8/9/2013
8/19/2013
8/19/2013
8/22/2013
8/23/2013
8/23/2013
8/28/2013
8/28/2013
8/29/2013
8/30/2013
8/30/2013
9/3/2013
9/3/2013
9/5/2013
9/6/2013
9/6/2013
9/9/2013
9/10/2013
9/13/2013
9/14/2013
9/14/2013
9/16/2013
9/16/2013
9/18/2013
9/18/2013
9/18/2013
9/20/2013
9/19/2013
9/20/2013
9/20/2013
9/20/2013
9/24/2013
9/26/2013
9/27/2013
9/27/2013
9/30/2013
9/30/2013
10/1/2013
10/1/2013
10/1/2013
10/1/2013
10/2/2013
10/3/2013
10/4/2013
10/5/2013
13CA003194AX
13CA003195AX
13CA003213AX
13CA003236AX
13CA003237AX
13CA003244AX
13CA003248AX
13CA003249AX
13CA003255AX
13CA003266AX
13CA003270AX
13CA003271AX
13CA003291AX
13CA003301AX
13CA003305AX
13CA003310AX
13CA003324AX
13CA003325AX
13CA003340AX
13CA003343AX
13CA003353AX
13CA003383AX
13CA003390AX
13CA003409AX
13CA003410AX
13CA003411AX
13CA003414AX
13CA003415AX
13CA003416AX
13CA003424AX
13CA003426AX
13CA003427AX
13CA003428AX
13CA003453AX
13CA003454AX
13CA003463AX
13CA003464AX
13CA003481AX
13CA003498AX
13CA003504AX
13CA003507AX
13CA003515AX
13CA003563AX
13CA003571AX
13CA003576AX
13CA003608AX
13CA003631AX
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
REOPENED
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
REOPENED
OPEN
OPEN
OPEN
REOPENED
OPEN
OPEN
REOPENED
OPEN
OPEN
OPEN
REOPENED
OPEN
REOPENED
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
REOPENED
RP/MF-NONR $0-$50K
RP/MF-NONR $0-$50K
RP/MF-NONR $250K+
RP/MF-RES $0-50K
RP/MF-RES $0-50K
RP/MF-NONR $250K+
RP/MF-RES $250K+
RP/MF-NONR $0-$50K
RP/MF-NONR $250K+
RP/MF-RES $250K+
RP/MF-NONR $0-$50K
RP/MF-RES $250K+
RP/MF-RES $0-50K
10/7/2013
10/7/2013
10/9/2013
10/10/2013
10/10/2013
10/10/2013
10/11/2013
10/11/2013
10/11/2013
10/14/2013
10/14/2013
10/14/2013
10/16/2013
10/16/2013
10/16/2013
10/17/2013
10/18/2013
10/18/2013
10/21/2013
10/21/2013
10/22/2013
10/24/2013
10/24/2013
10/28/2013
10/28/2013
10/28/2013
10/28/2013
10/28/2013
10/28/2013
10/29/2013
10/30/2013
10/30/2013
10/30/2013
10/31/2013
10/31/2013
11/1/2013
11/1/2013
11/5/2013
11/6/2013
11/6/2013
11/6/2013
11/7/2013
11/13/2013
11/13/2013
11/14/2013
11/19/2013
11/21/2013
13CA003646AX
13CA003652AX
13CA003653AX
13CA003654AX
13CA003670AX
13CA003672AX
13CA003692AX
13CA003703AX
13CA003716AX
13CA003723AX
13CA003734AX
13CA003746AX
13CA003759AX
13CA003764AX
13CA003766AX
13CA003767AX
13CA003803AX
13CA003806AX
13CA003826AX
13CA003850AX
13CA003862AX
13CA003869AX
13CA003917AX
13CA003919AX
13CA003922AX
13CA003923AX
13CA003935AX
13CA003944AX
13CA003953AX
13CA003961AX
13CA003964AX
13CA003975AX
13CA003978AX
14CA000006AX
14CA000018AX
14CA000019AX
14CA000020AX
14CA000023AX
14CA000024AX
14CA000029AX
14CA000030AX
14CA000038AX
14CA000058AX
14CA000060AX
14CA000079AX
14CA000080AX
14CA000088AX
REOPENED
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
REOPENED
REOPENED
OPEN
OPEN
OPEN
OPEN
REOPENED
REOPENED
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
PURGE HRG SET
REOPENED
OPEN
OPEN
REOPENED
OPEN
OPEN
OPEN
OPEN
OPEN
REOPENED
OPEN
OPEN
REOPENED
OPEN
OPEN
OPEN
REOPENED
OPEN
REOPENED
OPEN
OPEN
OPEN
RP/MF-OTH $0-$50K
RP/MF-NONR $0-$50K
RP/MF-RES $0-50K
RP/MF-OTH $0-$50K
RP/MF-NONR $0-$50K
RP/MF-NONR $0-$50K
RP/MF-RES $0-50K
RP/MF-RES $0-50K
FOR
11/22/2013
11/22/2013
11/25/2013
11/25/2013
11/26/2013
11/26/2013
11/27/2013
12/2/2013
12/3/2013
12/3/2013
12/4/2013
12/5/2013
12/6/2013
12/6/2013
12/6/2013
12/6/2013
12/10/2013
12/10/2013
12/12/2013
12/17/2013
12/17/2013
12/17/2013
12/23/2013
12/23/2013
12/24/2013
12/23/2013
12/26/2013
12/27/2013
12/30/2013
12/30/2013
12/31/2013
12/31/2013
12/31/2013
1/2/2014
1/3/2014
1/3/2014
1/3/2014
1/3/2014
1/3/2014
1/6/2014
1/6/2014
1/7/2014
1/8/2014
1/8/2014
1/10/2014
1/10/2014
1/13/2014
14CA000091AX
14CA000098AX
14CA000104AX
14CA000111AX
14CA000119AX
14CA000148AX
14CA000152AX
14CA000161AX
14CA000170AX
14CA000171AX
14CA000186AX
14CA000188AX
14CA000190AX
14CA000195AX
14CA000201AX
14CA000214AX
14CA000216AX
14CA000217AX
14CA000221AX
14CA000231AX
14CA000236AX
14CA000242AX
14CA000244AX
14CA000259AX
14CA000265AX
14CA000273AX
14CA000276AX
14CA000281AX
14CA000288AX
14CA000296AX
14CA000300AX
14CA000304AX
14CA000305AX
14CA000310AX
14CA000315AX
14CA000332AX
14CA000345AX
14CA000366AX
14CA000369AX
14CA000370AX
14CA000376AX
14CA000394AX
14CA000411AX
14CA000416AX
14CA000440AX
14CA000442AX
14CA000452AX
OPEN
OPEN
OPEN
OPEN
OPEN
REOPENED
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
REOPENED
OPEN
REOPENED
OPEN
OPEN
OPEN
REOPENED
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
REOPENED
OPEN
REOPENED
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
RP/MF-NONR $0-$50K
RP/MF-RES $250K+
RP/MF-RES $250K+
FOR
RP/MF-NONR $0-$50K
RP/MF-OTH $0-$50K
RP/MF-RES $0-50K
RP/MF-NONR $0-$50K
RP/MF-NONR $0-$50K
RP/MF-RES $0-50K
1/13/2014
1/13/2014
1/14/2014
1/14/2014
1/15/2014
1/17/2014
1/17/2014
1/21/2014
1/21/2014
1/22/2014
1/23/2014
1/22/2014
1/23/2014
1/24/2014
1/24/2014
1/27/2014
1/27/2014
1/27/2014
1/28/2014
1/28/2014
1/29/2014
1/29/2014
1/29/2014
1/30/2014
1/30/2014
1/31/2014
1/31/2014
1/31/2014
2/3/2014
2/4/2014
2/4/2014
2/4/2014
2/5/2014
2/5/2014
2/5/2014
2/7/2014
2/7/2014
2/12/2014
2/12/2014
2/12/2014
2/12/2014
2/14/2014
2/18/2014
2/19/2014
2/21/2014
2/24/2014
2/25/2014
14CA000459AX
14CA000460AX
14CA000468AX
14CA000473AX
14CA000474AX
14CA000476AX
14CA000483AX
14CA000484AX
14CA000486AX
14CA000488AX
14CA000490AX
14CA000512AX
14CA000513AX
14CA000519AX
14CA000523AX
14CA000526AX
14CA000531AX
14CA000533AX
14CA000544AX
14CA000548AX
14CA000561AX
14CA000562AX
14CA000570AX
14CA000571AX
14CA000595AX
14CA000619AX
14CA000625AX
14CA000632AX
14CA000633AX
14CA000646AX
14CA000655AX
14CA000659AX
14CA000660AX
14CA000662AX
14CA000668AX
14CA000680AX
14CA000688AX
14CA000692AX
14CA000697AX
14CA000701AX
14CA000709AX
14CA000712AX
14CA000726AX
14CA000734AX
14CA000749AX
14CA000754AX
14CA000762AX
OPEN
OPEN
OPEN
OPEN
OPEN
REOPENED
OPEN
OPEN
REOPENED
OPEN
OPEN
OPEN
OPEN
REOPENED
REOPENED
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
REOPENED
PURGE HRG SET
REOPENED
OPEN
OPEN
OPEN
OPEN
REOPENED
REOPENED
OPEN
OPEN
OPEN
RP/MF-RES $250K+
RP/MF-RES $0-50K
RP/MF-RES $0-50K
RP/MF-RES $250K+
RP/MF-NONR $0-$50K
RP/MF-NONR $250K+
RP/MF-NONR $250K+
FOR
RP/MF-NONR $250K+
RP/MF-NONR $250K+
RP/MF-NONR $0-$50K
FOR
RP/MF-OTH $0-$50K
RP/MF-RES $250K+
RP/MF-NONR $0-$50K
RP/MF-NONR $0-$50K
2/25/2014
2/25/2014
2/27/2014
2/27/2014
2/27/2014
2/27/2014
2/28/2014
2/28/2014
2/28/2014
2/28/2014
2/28/2014
3/4/2014
3/4/2014
3/4/2014
3/5/2014
3/5/2014
3/6/2014
3/6/2014
3/7/2014
3/7/2014
3/10/2014
3/10/2014
3/10/2014
3/10/2014
3/12/2014
3/13/2014
3/14/2014
3/14/2014
3/17/2014
3/18/2014
3/18/2014
3/19/2014
3/19/2014
3/19/2014
3/19/2014
3/20/2014
3/21/2014
3/22/2014
3/24/2014
3/24/2014
3/25/2014
3/26/2014
3/27/2014
3/27/2014
3/28/2014
3/28/2014
4/1/2014
14CA000769AX
14CA000775AX
14CA000777AX
14CA000778AX
14CA000785AX
14CA000786AX
14CA000790AX
14CA000796AX
14CA000797AX
14CA000804AX
14CA000805AX
14CA000806AX
14CA000811AX
14CA000820AX
14CA000822AX
14CA000827AX
14CA000828AX
14CA000846AX
14CA000848AX
14CA000853AX
14CA000868AX
14CA000878AX
14CA000880AX
14CA000885AX
14CA000887AX
14CA000892AX
14CA000904AX
14CA000905AX
14CA000908AX
14CA000913AX
14CA000922AX
14CA000924AX
14CA000925AX
14CA000947AX
14CA000949AX
14CA000956AX
14CA000958AX
14CA000961AX
14CA000970AX
14CA000973AX
14CA000993AX
14CA001008AX
14CA001018AX
14CA001021AX
14CA001037AX
14CA001045AX
14CA001051AX
OPEN
OPEN
OPEN
OPEN
REOPENED
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
REOPENED
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
REOPENED
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
REOPENED
OPEN
OPEN
OPEN
REOPENED
OPEN
REOPENED
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
RP/MF-RES $0-50K
RP/MF-OTH $0-$50K
RP/MF-RES $250K+
RP/MF-RES $0-50K
RP/MF-RES $0-50K
RP/MF-RES $0-50K
FOR
RP/MF-RES $0-50K
RP/MF-NONR $250K+
RP/MF-RES $250K+
RP/MF-RES $0-50K
RP/MF-NONR $250K+
RP/MF-RES $0-50K
4/1/2014
4/2/2014
4/2/2014
4/2/2014
4/3/2014
4/3/2014
4/3/2014
4/4/2014
4/4/2014
4/4/2014
4/5/2014
4/7/2014
4/7/2014
4/8/2014
4/8/2014
4/8/2014
4/8/2014
4/9/2014
4/9/2014
4/9/2014
4/11/2014
4/11/2014
4/11/2014
4/14/2014
4/14/2014
4/14/2014
4/15/2014
4/15/2014
4/15/2014
4/15/2014
4/16/2014
4/16/2014
4/16/2014
4/18/2014
4/18/2014
4/21/2014
4/18/2014
4/21/2014
4/21/2014
4/21/2014
4/23/2014
4/24/2014
4/25/2014
4/25/2014
4/28/2014
4/28/2014
4/29/2014
14CA001054AX
14CA001064AX
14CA001068AX
14CA001076AX
14CA001086AX
14CA001088AX
14CA001091AX
14CA001092AX
14CA001095AX
14CA001098AX
14CA001101AX
14CA001102AX
14CA001103AX
14CA001104AX
14CA001106AX
14CA001110AX
14CA001127AX
14CA001139AX
14CA001148AX
14CA001165AX
14CA001171AX
14CA001172AX
14CA001180AX
14CA001183AX
14CA001190AX
14CA001197AX
14CA001199AX
14CA001215AX
14CA001218AX
14CA001223AX
14CA001226AX
14CA001227AX
14CA001229AX
14CA001230AX
14CA001231AX
14CA001237AX
14CA001242AX
14CA001272AX
14CA001276AX
14CA001280AX
14CA001298AX
14CA001301AX
14CA001306AX
14CA001310AX
14CA001311AX
14CA001318AX
14CA001321AX
OPEN
OPEN
REOPENED
OPEN
OPEN
REOPENED
OPEN
OPEN
REOPENED
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
REOPENED
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
RP/MF-RES $0-50K
RP/MF-RES $250K+
FOR
RP/MF-NONR $250K+
RP/MF-NONR $0-$50K
RP/MF-RES $0-50K
FOR
RP/MF-RES $0-50K
FOR
FOR
RP/MF-NONR $0-$50K
RP/MF-RES $250K+
RP/MF-NONR $0-$50K
RP/MF-NONR $0-$50K
RP/MF-NONR $0-$50K
RP/MF-NONR $0-$50K
RP/MF-RES $250K+
RP/MF-RES $250K+
FOR
RP/MF-NONR $0-$50K
4/29/2014
4/30/2014
5/1/2014
5/2/2014
5/2/2014
5/5/2014
5/5/2014
5/5/2014
5/5/2014
5/5/2014
5/5/2014
5/5/2014
5/6/2014
5/6/2014
5/6/2014
5/6/2014
5/8/2014
5/8/2014
5/9/2014
5/13/2014
5/13/2014
5/13/2014
5/13/2014
5/14/2014
5/14/2014
5/15/2014
5/15/2014
5/16/2014
5/16/2014
5/16/2014
5/19/2014
5/19/2014
5/19/2014
5/19/2014
5/19/2014
5/19/2014
5/20/2014
5/22/2014
5/23/2014
5/23/2014
5/27/2014
5/28/2014
5/28/2014
5/28/2014
5/28/2014
5/29/2014
5/30/2014
14CA001335AX
14CA001340AX
14CA001346AX
14CA001356AX
14CA001360AX
14CA001363AX
14CA001365AX
14CA001371AX
14CA001383AX
14CA001391AX
14CA001392AX
14CA001395AX
14CA001396AX
14CA001397AX
14CA001400AX
14CA001404AX
14CA001408AX
14CA001417AX
14CA001426AX
14CA001450AX
14CA001453AX
14CA001463AX
14CA001476AX
14CA001482AX
14CA001485AX
14CA001507AX
14CA001510AX
14CA001518AX
14CA001527AX
14CA001530AX
14CA001531AX
14CA001540AX
14CA001542AX
14CA001580AX
14CA001591AX
14CA001592AX
14CA001611AX
14CA001612AX
14CA001626AX
14CA001627AX
OPEN
OPEN
OPEN
OPEN
REOPENED
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
REOPENED
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
RP/MF-RES $250K+
RP/MF-NONR $250K+
RP/MF-RES $0-50K
RP/MF-NONR $0-$50K
RP/MF-NONR $0-$50K
RP/MF-NONR $250K+
RP/MF-NONR $0-$50K
RP/MF-RES $0-50K
RP/MF-RES $0-50K
RP/MF-RES $250K+
RP/MF-NONR $0-$50K
RP/MF-RES $0-50K
6/2/2014
6/3/2014
6/3/2014
6/4/2014
6/4/2014
6/4/2014
6/5/2014
6/6/2014
6/6/2014
6/9/2014
6/9/2014
6/9/2014
6/9/2014
6/9/2014
6/10/2014
6/10/2014
6/11/2014
6/12/2014
6/13/2014
6/17/2014
6/17/2014
6/18/2014
6/19/2014
6/20/2014
6/20/2014
6/23/2014
6/23/2014
6/23/2014
6/24/2014
6/24/2014
6/24/2014
6/25/2014
6/25/2014
6/26/2014
6/26/2014
6/26/2014
6/27/2014
6/27/2014
6/30/2014
6/30/2014
Electronically Filed 12/16/2013 04:30:38 PM ET

RECEIVED, 12/16/2013 16:33:36, John A. Tomasino, Clerk, Supreme Court
IN THE SUPREME COURT OF FLORIDA

IN RE: AMENDMENTS TO THE
FLORIDA RULES OF CIVIL
PROCEDURE
CASE NO.: SC13-
FAST-TRACK AMENDMENTS TO CONFORM TO

AMENDMENTS TO MORTGAGE FORECLOSURE
STATUTES IN CHAPTER 2013-137, LAWS OF FLORIDA
Thomas H. Bateman, III, Chair, Civil Procedure Rules Committee, and John
F. Harkness, Jr., Executive Director, The Florida Bar, file this fast-track petition to
amend the Rules of Civil Procedure to conform to Chapter 2013-137, Laws of
Florida, under Fla. R. Jud. Admin. 2.140(e). As required by Rule 2.140, the
amendments have been approved by the full committee and the Board of
Governors of The Florida Bar. The voting records of the committee and Board of
Governors are as follows:
Rule/Form
Committee vote
BOG vote
1.110
1.115
1.944(a)
1.944(b)
1.944(c)
1.944(d)
1.996(a)
1.996(b)
1.996(c)
22-0
22-0
22-0
22-0
23-0
23-0
22-0
22-0
22-0
40-0
40-0
40-0
40-0
40-0
40-0
40-0
40-0
40-0
The amendments are attached in the full-page (Appendix A) and twocolumn (Appendix B) formats. Chapter 2013-137, Laws of Florida, is attached as
Appendix C. The reasons for the amendments are as follows:
Rule 1.110. The last two paragraphs of subdivision (b) regarding pleading
requirements for foreclosure actions have been deleted and added to new Form
1.115, Pleading Mortgage Foreclosures.
Rule 1.115. This new rule has been created to govern pleading requirements
in mortgage foreclosure actions. The new rule incorporates the requirements of
section 702.015, Florida Statutes, as created by section 3, Chapter 2013-137, Laws
of Florida. Rule 1.115(a) incorporates specifically the requirements of section
702.015(2), Florida Statutes, as created by section 3, Chapter 2013-137, Laws of
Florida. Subdivision (b) incorporates the requirements of section 702.015(3),
Florida Statutes, as created by section 3, Chapter 2013-137, Laws of Florida, for
pleading when the claimant is acting on behalf of the person entitled to enforce the
note. Subdivision (c) governs procedures if the claimant is in possession of the
original promissory note. It is based on section 702.015(4), Florida Statutes, as
created by section 3, Chapter 2013-137, Florida Statutes. Subdivision (d) governs
procedures when the note is lost, stolen, or destroyed. It is based on section
702.015(5), Florida Statutes, as created by section 3, Chapter 2013-137, Laws of
Florida. Subdivision (e) adds requirements for a standard verification in an action
to foreclose a mortgage.
Form 1.944(a). Existing Form 1.994 has been amended to apply only to
Complaints for Foreclosure when the location of the note is known. New Form
1.944(b) governs complaints when the location of the original note is not known.
Item 3 of the form addresses the issue of delegated authority to institute a
mortgage foreclosure action. See section 702.015(3), Florida Statutes, as created
by section 3, Chapter 2013-137, Laws of Florida.
The certification of possession of original note is required by section
702.015(4), as created by section 3, Chapter 2013-137, Laws of Florida.
The verification was added to conform to the language in Rule 1.110(b)
(which is being moved to Rule 1.115).
Form 1.944(b). This new form is a complaint for a mortgage foreclosure
when the location of the original note is unknown. See section 701.015(5), as
created by section 3, Chapter 2013-137, Laws of Florida. The form is based on
existing Form 1.994, but meets the additional requirements for a complaint when a
note is lost, stolen, or destroyed. The form also meets the requirements of section
673.3091, Florida Statutes, Enforcement of lost, stolen, or destroyed instrument.
Form 1.944(c). This new form is a motion for an order to show cause if the
defendant fails to respond. It is authorized by section 702.10, Florida Statutes, as
amended by section 6, Chapter 2013-137, Laws of Florida.
2
Form 1.944(d). This new form is an order to show cause, to be issued

following the filing of a motion for an order to show cause, proposed Form
1.944(c). It is authorized by section 702.10, Florida Statutes, as amended by
section 6, Chapter 2013-137, Laws of Florida.
Form 1.996(a). The existing Final Judgment of Foreclosure form has been
renumbered and updated by adding section titles and provisions regarding
attorneys fees.
Form 1.996(b). This new form creates a final judgment of foreclosure for
reestablishment of a lost note. See section 702.015(5), Florida Statutes, as created
by section 3, Chapter 2013-137, Laws of Florida. The form is based on existing
Form 1.996, but adds additional requirements for lost of stolen notes. See, e.g.,
item 8 and section 673.3091, Florida Statutes.
Form 1.996(c). Existing Form 1.996(b) has been renumbered as Form
1.996(c) because of creation of new Form 1.996(b). Style changes have also been
made to this form.
The Civil Procedure Rules Committee respectfully requests that the Court
amend the Florida Rules of Civil Procedure as outlined in this report.
Respectfully submitted December 16, 2013.
/s/ Thomas H. Bateman, III

Thomas H. Bateman, III
Chair
Civil Procedure Rules Committee
2618 Centennial Place
Tallahassee, FL 32308
Florida Bar No.: 349781
850/222-0720
tbateman@lawfla.com
/s/ John F. Harkness, Jr.

John F. Harkness, Jr.
Executive Director
The Florida Bar
651 East Jefferson Street
Florida Bar No.: 123390
850/561-5600
jharkness@flabar.org
Certification of Font-size and Read-Against

I certify that this document complies with the font requirements of Fla. R.
App. P. 9.120(a)(2). I also certify that all existing rules and forms have been read
against Wests Florida Rules of Court (2013 revised ed.).
/s/ Ellen H. Sloyer
Rules Liaison
The Florida Bar
651 East Jefferson Street
850/561-5709
esloyer@flabar.org
https://www.floridabar.org/DIVCOM/JN/JNNews01.nsf/Articles/67E7523F4EDD97CF85257DC4004D2058
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January 15, 2015
News HOME
Civil procedure rule amendments dealing with foreclosure actions

The Florida Supreme Court recently adopted amendments to the Florida Rules of Civil Procedure as proposed by the Florida Bars Civil
Procedure Rules Committee. The amendments are in response to legislation regarding mortgage foreclosure actions. The court invites
all interested persons to comment on the amendments, which are reproduced in full below, as well as online at
http://www.floridasupremecourt.org/decisions/opinions.shtml. All comments must be filed with the court on or before February 9, with
a certificate of service verifying that a copy has been served on the committee chair, Kevin B. Cook, Rogers Towers, P.A., 818 A1A N.,
Suite 208, Ponte Vedra Beach 32082-8217, kcook@rtlaw.com, and on the Bar staff liaison to the committee, Ellen Sloyer, 651 E.
Jefferson Street, Tallahassee 32399-2300, esloyer@flabar.org, as well as a separate request for oral argument if the person filing the
comment wishes to participate in oral argument, which may be scheduled in this case. The chair has until March 2 to file a response to
any comments filed with the court. If filed by an attorney in good standing with The Florida Bar, the comment must be electronically
filed via the Portal in accordance with In re Electronic Filing in the Supreme Court of Florida via the Florida Courts E-Filing Portal, Fla.
Admin. Order No. AOSC13-7 (Feb. 18, 2013). If filed by a nonlawyer or a lawyer not licensed to practice in Florida, the comment must
be electronically filed via e-mail in accordance with In re Mandatory Submission of Electronic Copies of Documents, Fla. Admin. Order
No. AOSC04-84 (Sept. 13, 2004). Electronically filed documents must be submitted in Microsoft Word 97 or higher. Any person unable
to submit a comment electronically must mail or hand-deliver the originally signed comment to the Florida Supreme Court, Office of
the Clerk, 500 South Duval Street, Tallahassee 32399-1927; no additional copies are required or will be accepted.
IN THE SUPREME COURT OF FLORIDA
In re: Amendments to the Florida Rules of Civil Procedure, SC13-2384
RULE 1.110. GENERAL RULES OF PLEADING
(a) [No change]
(b) Claims for Relief. A pleading which sets forth a claim for relief, whether an original claim, counterclaim, crossclaim, or
third-party claim must state a cause of action and shall contain (1) a short and plain statement of the grounds upon which the court's
jurisdiction depends, unless the court already has jurisdiction and the claim needs no new grounds of jurisdiction to support it, (2) a
short and plain statement of the ultimate facts showing that the pleader is entitled to relief, and (3) a demand for judgment for the
relief to which the pleader deems himself or herself entitled. Relief in the alternative or of several different types may be demanded.
Every complaint shall be considered to pray for general relief.
When filing an action for foreclosure of a mortgage on residential real property the complaint shall be verified. When verification of a
document is required, the document filed shall include an oath, affirmation, or the following statement:
Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged therein are true and correct to the best of my
knowledge and belief.
(c) (h) [No change]
Committee Notes
1971 Amendment. Subdivision (h) is added to cover a situation usually arising in divorce judgment modifications, supplemental
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declaratory relief actions, or trust supervision. When any subsequent proceeding results in a pleading in the strict technical sense
under rule 1.100(a), response by opposing parties will follow in the same course as though the new pleading were the initial pleading
in the action. The time for answering and authority for defenses under rule 1.140 will apply. The last sentence exempts post judgment
motions under rules 1.480(c), 1.530, and 1.540, and similar proceedings from its purview.
2014 Amendment. The last two paragraphs of rule 1.110(b) regarding pleading requirements for certain mortgage foreclosure
actions were deleted and incorporated in new rule 1.115.
RULE 1.115. PLEADING MORTGAGE FORECLOSURES
(a) Claim for Relief. A claim for relief that seeks to foreclose a mortgage or other lien on residential real property, including
individual units of condominiums and cooperatives designed principally for occupation by one to four families which secures a
promissory note, must: (1) contain affirmative allegations expressly made by the claimant at the time the proceeding is commenced
that the claimant is the holder of the original note secured by the mortgage; or (2) allege with specificity the factual basis by which
the claimant is a person entitled to enforce the note under section 673.3011, Florida Statutes.
(b) Delegated Claim for Relief. If a claimant has been delegated the authority to institute a mortgage foreclosure action on behalf
of the person entitled to enforce the note, the claim for relief shall describe the authority of the claimant and identify with specificity
the document that grants the claimant the authority to act on behalf of the person entitled to enforce the note. The term original
note or original promissory note means the signed or executed promissory note rather than a copy of it. The term includes any
renewal, replacement, consolidation, or amended and restated note or instrument given in renewal, replacement, or substitution for a
previous promissory note. The term also includes a transferrable record, as defined by the Uniform Electronic Transaction Act in
section 668.50(16), Florida Statutes.
(c) Possession of Original Promissory Note. If the claimant is in possession of the original promissory note, the claimant must file
under penalty of perjury a certification contemporaneously with the filing of the claim for relief for foreclosure that the claimant is in
possession of the original promissory note. The certification must set forth the location of the note, the name and title of the
individual giving the certification, the name of the person who personally verified such possession, and the time and date on which
the possession was verified. Correct copies of the note and all allonges to the note must be attached to the certification. The original
note and the allonges must be filed with the court before the entry of any judgment of foreclosure or judgment on the note.
(d) Lost, Destroyed, or Stolen Instrument. If the claimant seeks to enforce a lost, destroyed, or stolen instrument, an affidavit
executed under penalty of perjury must be attached to the claim for relief. The affidavit must: (1) detail a clear chain of all
endorsements, transfers, or assignments of the promissory note that is the subject of the action; (2) set forth facts showing that the
claimant is entitled to enforce a lost, destroyed, or stolen instrument pursuant to section 673.3091, Florida Statutes; and (3) include
as exhibits to the affidavit such copies of the note and the allonges to the note, audit reports showing receipt of the original note, or
other evidence of the acquisition, ownership, and possession of the note as may be available to the claimant. Adequate protection as
required under section 673.3091(2), Florida Statutes, shall be provided before the entry of final judgment.
(e) Verification. When filing an action for foreclosure on a mortgage for residential real property the claim for relief shall be verified
by the claimant seeking to foreclose the mortgage. When verification of a document is required, the document filed shall include an
oath, affirmation, or the following statement:
Under penalties of perjury, I declare that I have read the foregoing, and the facts alleged therein are true and correct to the best of
my knowledge and belief.
FORM 1.944(a). MORTGAGE FORECLOSURE
(When location of original note known)
COMPLAINT
Plaintiff, A. B., sues defendant, C. D., and alleges:
1. This is an action to foreclose a mortgage on real property in .................. County, Florida.
2. On .....(date)....., defendant executed and delivered a promissory note and a mortgage securing payment of the note to ..(plaintiff
or plaintiffs predecessor..The mortgage was recorded on .....(date)....., in Official Records Book .......... at page .......... of the public
records of .................... County, Florida, and mortgaged the property described in the mortgage then owned by and in possession of
the mortgagor, a copy of the mortgage containing a copy of and the note being attached.
3. Plaintiff owns and holds the note and mortgage. (Select a, b, or c)
(a) Plaintiff is the holder of the original note secured by the mortgage.
(b) Plaintiff is a person entitled to enforce the note under applicable law because ..(allege specific facts)
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(c) Plaintiff has been delegated the authority to institute a mortgage foreclosure action on behalf of the person entitled to enforce the
note. The document(s) that grant(s) plaintiff the authority to act on behalf of the person entitled to enforce the note is/are as follows
..
4. The property is now owned by defendant who holds possession.
5. Defendant has defaulted under the note and mortgage by failing to pay the payment due .....(date)....., and all subsequent
payments ..(allege other defaults as applicable).
6. Plaintiff declares the full amount payable under the note and mortgage to be due.
7. Defendant owes plaintiff $.......... that is due on principal on the note and mortgage, interest from .....(date)....., and title search
expense for ascertaining necessary parties to this action.
8. Plaintiff is obligated to pay plaintiffs attorneys a reasonable fee for their services. Plaintiff is entitled to recover its attorneys fees
under ..(allege statutory and/or contractual bases, as applicable)
WHEREFORE, plaintiff demands judgment foreclosing the mortgage, for costs (and, when applicable, for attorneys fees), and, if the
proceeds of the sale are insufficient to pay plaintiffs claim, a deficiency judgment.
NOTE: An action for foreclosure of a mortgage on residential real property must contain an oath, affirmation, or the following
statement as required by rule 1.115(e).
VERIFICATION
Executed on this ..(date)..

__________________________
[Person Signing Verification]
CERTIFICATION OF POSSESSION OF ORIGINAL NOTE
The undersigned hereby certifies:
1. That plaintiff is in possession of the original promissory note upon which this action is brought.
2. The location of the original promissory note is: ..(location)...
3. The name and title of the person giving the certification is: ..(name and title)...
4. The name of the person who personally verified such possession is: ..(name)...
5. The time and date on which possession was verified were: ..(time and date)...
6. Correct copies of the note (and, if applicable, all endorsements, transfers, allonges, or assignments of the note) are attached to this
certification.
7. I give this statement based on my personal knowledge.
Under penalties of perjury, I declare that I have read the foregoing Certification of Possession of Original Note and that the facts
stated in it are true.
Executed on ..(date)
_________________________________
[Person Signing Certification]
NOTE: This form is for installment payments with acceleration. It omits allegations about junior encumbrances, unpaid taxes, unpaid
insurance premiums, other nonmonetary defaults, and for a receiver. They must be added when proper appropriate. CopiesA copy of
the note and mortgage must be attached. This form may require modification. This form is designed to incorporate the pleading
requirements of section 702.015, Florida Statutes (2013) and rule 1.115. It is also designed to conform to section 673.3011, Florida
Statutes (2013), except that part of section 673.3011, Florida Statutes, which defines a person entitled to enforce an instrument
under section 673.3091, Florida Statutes. See form 1.944(b). Pursuant to section 702.015, Florida Statutes (2013), a certification of
possession of the original promissory note must be filed contemporaneously with the Complaint (form 1.944(a)) or, in the event that
the plaintiff seeks to enforce a lost, destroyed, or stolen instrument, an affidavit setting forth the facts required by law must be
attached to the complaint (form 1.944(b)).
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FORM 1.944(b). MORTGAGE FORECLOSURE

(When location of original note unknown)
COMPLAINT
Plaintiff, ABC, sues defendant, XYZ, and states:
1. This is an action to foreclose a mortgage on real property in . County, Florida.
2, On ..(date)..., defendant executed and delivered a promissory note and a mortgage securing the payment of said note to
..(plaintiff or plaintiffs predecessor)... The mortgage was recorded on ..(date).., in Official Records Book .. at page .. of the
public records of County, Florida, and mortgaged the property described therein which was then owned by and in possession of
the mortgagor. A copy of the mortgage and note are attached to the affidavit which is attached hereto as Composite Exhibit 1; the
contents of the affidavit are specifically incorporated by reference.
3. Plaintiff is not in possession of the note but is entitled to enforce it.
4. (select a, b, c, or d) Plaintiff cannot reasonably obtain possession of the note because
(a) the note was destroyed.
(b) the note is lost.

(c) the note is in the wrongful possession of an unknown person.
(d) the note is in the wrongful possession of a person that cannot be found or is not amenable to service of process.
5. (select a, b, c, or d)
(a) At the time the original note was lost, plaintiff was the holder of the original note secured by the mortgage.
(b) At the time the original note was lost, plaintiff was a person entitled to enforce the note under applicable law because .....(allege
specific facts)...
(c) Plaintiff has directly or indirectly acquired ownership of the note from a person who was entitled to enforce the note when loss of
possession occurred as follows: ..(allege facts as to transfer of ownership)...
(d) Plaintiff has been delegated the authority to institute a mortgage foreclosure action on behalf of the person entitled to enforce the
note, and the document(s) that grant(s) plaintiff the authority to act on behalf of the person entitled to enforce the note is/are as
follows . (attach documents if not already attached).
6. Plaintiff did not transfer the note or lose possession of it as the result of a lawful seizure.
7. The property is now owned by defendant who holds possession.
8. Defendant has defaulted under the note and mortgage by failing to pay the payment(s) due ..(date(s)).. , and all subsequent
payments .. (identify other defaults as applicable)
9. Plaintiff declares the full amount payable under the note and mortgage to be due.
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10. Defendant owes plaintiff $......... that is due on principal on the note and mortgage, interest from ..(date).. , and title search
expense for ascertaining necessary parties to this action.
11. Plaintiff is obligated to pay its attorneys a reasonable fee for their services. Plaintiff is entitled to recover its attorneys fees for
prosecuting this claim pursuant to ..(identify statutory and/or contractual bases, as applicable)
WHEREFORE, Plaintiff demands judgment foreclosing the mortgage, for costs (and, where applicable, for attorneys fees), and if the
proceeds of the sale are insufficient to pay plaintiffs claim, a deficiency judgment.
NOTE: An action for foreclosure of a mortgage on residential real property must contain an oath, affirmation, or the following
statement as required by rule 1.115(e).
VERIFICATION
Executed on ..(date)....
______________________________
(Person Signing Verification)
*****
AFFIDAVIT OF COMPLIANCE
STATE OF FLORIDA
COUNTY OF
BEFORE ME, the undersigned authority, personally appeared ..(name).., who, after being first duly sworn, deposes and states,
under penalty of perjury:
1. I am the plaintiff (or plaintiffs ) (identify relationship to plaintiff).
2. I am executing this affidavit in support of plaintiffs Complaint against defendant and I have personal knowledge of the matters set
forth herein.
3. On ..(date).. , the public records reflect that defendant executed and delivered a mortgage securing the payment of the note to
..(plaintiff/plaintiffs predecessor) The mortgage was recorded on ..(date).. , in Official Records Book at page of the
public records of .. County, Florida, and mortgaged the property described therein, which was then owned by and in possession of
the mortgagor, a copy of the mortgage and the note being attached.
4. (select a, b, c, or d) Plaintiff cannot reasonably obtain possession of the note because
(a) the note was destroyed.

(b) the note is lost.
(c) the note is in the wrongful possession of an unknown person.
(d) the note is in the wrongful possession of a person who cannot be found or is not amenable to service of process.
5. (select a, b, c, or d)
(a) At the time the original note was lost, plaintiff was the holder of the original note secured by the mortgage.
(b) At the time the original note was lost, plaintiff was a person entitled to enforce the note under applicable law because ......(allege
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specific facts)...
(c) Since the note was lost, plaintiff has directly or indirectly acquired ownership of the note from a person who was entitled to
enforce the note when loss of possession occurred as follows: ..(allege facts regarding transfer of ownership)...
(d) Plaintiff has been delegated the authority to institute a mortgage foreclosure action on behalf of the person entitled to enforce the
note, and the document(s) that grant(s) plaintiff the authority to act on behalf of the person entitled to enforce the note is/are as
follows . (attach copy of document(s) or relevant portion(s) of the document(s)).
6. Below is the clear chain of the endorsements, transfers, allonges or assignments of the note and all documents that evidence same
as are available to Plaintiff: ..(identify in chronological order all endorsements, transfers, assignments of, allonges to, the note or
other evidence of the acquisition, ownership and possession of the note)... Correct copies of the foregoing documents are attached to
this affidavit.
7. Plaintiff did not transfer the note or lose possession of it as the result of a lawful seizure.
FURTHER, AFFIANT SAYETH NAUGHT.
__________________________
[signature]
[typed or printed name of affiant]

STATE OF FLORIDA
COUNTY OF ...
BEFORE ME, the undersigned authority appeared ..(name of affiant).., who ..is personally known to me or produced
identification .. and acknowledged that he/she executed the foregoing instrument for the purposes expressed therein and who did
take an oath.
WITNESS my hand and seal in the State and County aforesaid, this ..(date)...
______________________________
NOTARY PUBLIC, State of Florida
Print Name:
Commission Expires: .
Committee Note
2014 Adoption. This form is for installment payments with acceleration. It omits allegations about junior encumbrances, unpaid
taxes, unpaid insurance premiums, other nonmonetary defaults, and for a receiver. Allegations must be added when appropriate. This
form may require modification. This form is designed to incorporate the pleading requirements of section 702.015, Florida Statutes
(2013), and rule 1.115. It is also designed to comply with section 673.3091, Florida Statutes (2013). Adequate protection as required
by sections 702.11 (2013) and 673.3091(2), Florida Statutes (2013), must be provided before the entry of final judgment.
FORM 1.944(c) MOTION FOR ORDER TO SHOW CAUSE
PLAINTIFFS MOTION FOR ORDER TO SHOW CAUSE

FOR ENTRY OF FINAL JUDGMENT OF FORECLOSURE
1. Plaintiff is a lienholder of real property located at ..(address).. or is a ..Condominium Association/Cooperative
Association/Homeowners Association
2. The plaintiff has filed a verified complaint in conformity with applicable law, which is attached.
3. The plaintiff requests this court issue an order requiring defendant(s) to appear before the court to show cause why a final
judgment of foreclosure should not be entered against defendant(s).
4. The date of the hearing may not occur sooner than the later of 20 days after service of the order to show cause or 45 days after
service of the initial complaint.
OR
COMMENT: Use the following when service is by publication:
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4. When service is obtained by publication, the date for the hearing may not be set sooner than 30 days after the first publication.
5. The accompanying proposed order to show cause affords defendant(s) all the rights and obligations as contemplated by applicable
law.
6. Upon the entry of the order to show cause, plaintiff shall serve a copy of the executed order to show cause for entry of final
judgment as required by law.
7. This is not a residential property for which a homestead exemption for taxation was granted according to the rolls of
the latest assessment by the County Property Appraiser.
Plaintiff requests the court review this complaint and grant this motion for order to show cause for entry of final judgment of
foreclosure, and grant such further relief as may be awarded at law or in equity.
Plaintiff
Certificate of Service
Committee Note
2014 Adoption. This form is designed to comply with section 702.10, Florida Statutes (2013).
FORM 1.944(d) ORDER TO SHOW CAUSE
ORDER TO SHOW CAUSE
THIS CAUSE has come before the court on ..plaintiffs/lien holders.. motion for order to show cause for entry of final judgment of
mortgage foreclosure and the court having reviewed the motion and the verified complaint, and being otherwise fully advised in the
circumstances, finds and it is
ORDERED AND ADJUDGED that:
1. The defendant(s) shall appear at a hearing on foreclosure on ..(date).. at ...(time).. before the undersigned judge, in the
..(county).. Courthouse at ..(address).., to show cause why the attached final judgment of foreclosure should not be entered
against the defendant(s) in this cause. This hearing referred to in this order is a show cause hearing.
2. This ORDER TO SHOW CAUSE shall be served on the defendant(s) in accordance with the Florida Rules of Civil Procedure and
applicable law as follows:
a. If the defendant(s) has/have been served under Chapter 48, Florida Statutes, with the verified complaint and original process has
already been effectuated, service of this order may be made in the manner provided in the Florida Rules of Civil Procedure; or, if the
other party is the plaintiff in the action, service of the order to show cause on that party may be made in the manner provided in the
Florida Rules of Civil Procedure.
b. If the defendant(s) has/have not been served under Chapter 48, Florida Statutes, with the verified complaint and original process,
the order to show cause, together with the summons and a copy of the verified complaint, shall be served on the party in the same
manner as provided by law for original process.
3. The filing of defenses by a motion or verified answer at or before the show cause hearing constitutes cause for which the court may
not enter the attached final judgment.
4. Defendant(s) has/have the right to file affidavits or other papers at the time of the show cause hearing and may appear at the
hearing personally or by an attorney.
5. If defendant(s) file(s) motions, they may be considered at the time of the show cause hearing.
6. Defendant(s) failure to appear either in person or by an attorney at the show cause hearing or to file defenses by motion or by a
verified or sworn answer, affidavits, or other papers which raise a genuine issue of material fact which would preclude entry of
summary judgment or which would otherwise constitute a legal defense to foreclosure, after being served as provided by law with the
order to show cause, will be deemed presumptively a waiver of the right to a hearing. In such case, the court may enter a final
judgment of foreclosure ordering the clerk of the court to conduct a foreclosure sale. An order requiring defendant(s) to vacate the
premises may also be entered.
7. If the mortgage provides for reasonable attorneys fees and the requested fee does not exceed 3% of the principal amount owed at
the time the complaint is filed, the court may not need to hold a hearing to adjudge the requested fee to be reasonable.
8. Any final judgment of foreclosure entered under section 702.10(1) Florida Statutes, shall be only for in rem relief; however, entry
of such final judgment of foreclosure shall not preclude entry of an in personam money damages judgment or deficiency judgment
where otherwise allowed by law.
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9. A copy of the proposed final judgment is attached and will be entered by the court if defendant(s) waive(s) the right
to be heard at the show cause hearing.
10. The court finds that this is not a residential property for which a homestead exemption for taxation was granted
according to the rolls of the latest assessment by the county property appraiser.
DONE AND ORDERED at ..(county).., Florida .....(date)

_____________________
CIRCUIT JUDGE
Copies to:
Committee Note
2014 Adoption. This form is designed to comply with section 702.10(1), Florida Statutes (2013).
FORM 1.996(a). FINAL JUDGMENT OF FORECLOSURE
FINAL JUDGMENT
This action was tried before the court. On the evidence presented
IT IS ADJUDGED that:
1. Amounts Due. Plaintiff, ..(name and address).., is due
Principal $..............................
Interest to date of this
judgment .
Title search expenses .
Taxes .
Attorneys fees .
Finding as to
reasonable number
of hours: .
Finding as to
reasonable hourly
rate:
Other:
(*The requested attorneys fees are a flat rate fee that the firms client has agreed to pay in this matter. Given the amount of the fee
requested and the labor expended, the Court finds that a lodestar analysis is not necessary and that the flat fee is reasonable.)
Attorneys fees total ..
Court costs, now taxed ..
Other: .. ....
Subtotal $..................................
LESS: Escrow balance ....
LESS: Other ....
TOTAL $..................................
That shall bear interest at a rate of 7% per year.
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2. Lien on Property. Plaintiff holds a lien for the total sum superior to all claims or estates of defendant(s), on the following
described property in .. County, Florida:
(describe property)
3. Sale of Property. If the total sum with interest at the rate described in paragraph 1 and all costs accrued subsequent to this
judgment are not paid, the clerk of this court shall sell the property at public sale on .....(date).., to the highest bidder for cash,
except as prescribed in paragraph 4, at the courthouse located at .(street address of courthouse). in County in ..(name of
city).., Florida, in accordance with section 45.031, Florida Statutes (2013), using the following method (CHECK ONE):
.. At .....(location of sale at courthouse; e.g., north door)....., beginning at .....(time of sale)..... on the prescribed date.
.. By electronic sale beginning at .....(time of sale)..... on the prescribed date at .....(website)......
4. Costs. Plaintiff shall advance all subsequent costs of this action and shall be reimbursed for them by the clerk if plaintiff is not the
purchaser of the property for sale, provided, however, that the purchaser of the property for sale shall be responsible for the
documentary stamps payable on the certificate of title. If plaintiff is the purchaser, the clerk shall credit plaintiffs bid with the total
sum with interest and costs accruing subsequent to this judgment, or such part of it as is necessary to pay the bid in full.
5. Distribution of Proceeds. On filing the certificate of title the clerk shall distribute the proceeds of the sale, so far as they are
sufficient, by paying: first, all of plaintiffs costs; second, documentary stamps affixed to the certificate; third, plaintiffs attorneys
fees; fourth, the total sum due to plaintiff, less the items paid, plus interest at the rate prescribed in paragraph 1 from this date to the
date of the sale; and by retaining any remaining amount pending further order of this court.
6. Right of Redemption/Right of Possession. On filing the certificate of sale, defendant(s) and all persons claiming under or
against defendant(s) since the filing of the notice of lis pendens shall be foreclosed of all estate or claim in the property and
defendants right of redemption as prescribed by section 45.0315, Florida Statutes (2013) shall be terminated, except as to claims or
rights under chapter 718 or chapter 720, Florida Statutes, if any. Upon the filing of the certificate of title, the person named on the
certificate of title shall be let into possession of the property.
7. Attorneys Fees.
[If a default judgment has been entered against the mortgagor]
Because a default judgment has been entered against the mortgagor and because the fees requested do not exceed 3% of the
principal amount owed at the time the complaint was filed, it is not necessary for the court to hold a hearing or adjudge the requested
attorneys fees to be reasonable.
[If no default judgment has been entered against the mortgagor]
The court finds, based upon the affidavits/testimony presented and upon inquiry of counsel for the plaintiff that ___ hours were
reasonably expended by plaintiff's counsel and that an hourly rate of $______ is appropriate. Plaintiffs counsel represents that the
attorneys fees awarded does not exceed its contract fee with the plaintiff. The court finds that there is/are no reduction or
enhancement factors for consideration by the court pursuant to Florida Patients Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla.
1985). (If the court has found that there are reduction or enhancement factors to be applied, then such factors must be identified and
explained herein).
[If the fees to be awarded are a flat fee]
The requested attorneys fees are a flat rate fee that the firms client has agreed to pay in this matter. Given the amount of the fee
requested and the labor expended, the court finds that a lodestar analysis is not necessary and that the flat fee is reasonable.
78. Jurisdiction Retained. Jurisdiction of this action is retained to enter further orders that are proper including, without limitation,
a deficiency judgment.
IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE MAY BE ADDITIONAL MONEY FROM THE SALE AFTER
PAYMENT OF PERSONS WHO ARE ENTITLED TO BE PAID FROM THE SALE PROCEEDS PURSUANT TO THE FINAL
JUDGMENT.
IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, YOU MUST FILE
A CLAIM WITH THE CLERK NO LATER THAN 60 DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE
ENTITLED TO ANY REMAINING FUNDS.
[If the property being foreclosed on has qualified for the homestead tax exemption in the most recent approved tax roll, the final
judgment shall additionally contain the following statement in conspicuous type:]
IF YOU ARE THE PROPERTY OWNER, YOU MAY CLAIM THESE FUNDS YOURSELF. YOU ARE NOT REQUIRED TO HAVE A
1/27/2016 8:59 PM
LAWYER OR ANY OTHER REPRESENTATION AND YOU DO NOT HAVE TO ASSIGN YOUR RIGHTS TO ANYONE ELSE IN
ORDER FOR YOU TO CLAIM ANY MONEY TO WHICH YOU ARE ENTITLED. PLEASE CONTACT THE CLERK OF THE COURT,
(INSERT INFORMATION FOR APPLICABLE COURT) WITHIN 10 DAYS AFTER THE SALE TO SEE IF THERE IS ADDITIONAL
MONEY FROM THE FORECLOSURE SALE THAT THE CLERK HAS IN THE REGISTRY OF THE COURT.
IF YOU DECIDE TO SELL YOUR HOME OR HIRE SOMEONE TO HELP YOU CLAIM THE ADDITIONAL MONEY, YOU SHOULD
READ VERY CAREFULLY ALL PAPERS YOU ARE REQUIRED TO SIGN, ASK SOMEONE ELSE, PREFERABLY AN ATTORNEY
WHO IS NOT RELATED TO THE PERSON OFFERING TO HELP YOU, TO MAKE SURE THAT YOU UNDERSTAND WHAT YOU
ARE SIGNING AND THAT YOU ARE NOT TRANSFERRING YOUR PROPERTY OR THE EQUITY IN YOUR PROPERTY
WITHOUT THE PROPER INFORMATION. IF YOU CANNOT AFFORD TO PAY AN ATTORNEY, YOU MAY CONTACT (INSERT
LOCAL OR NEAREST LEGAL AID OFFICE AND TELEPHONE NUMBER) TO SEE IF YOU QUALIFY FINANCIALLY FOR THEIR
SERVICES. IF THEY CANNOT ASSIST YOU, THEY MAY BE ABLE TO REFER YOU TO A LOCAL BAR REFERRAL AGENCY OR
SUGGEST OTHER OPTIONS. IF YOU CHOOSE TO CONTACT (NAME OF LOCAL OR NEAREST LEGAL AID OFFICE AND TELEPHONE
NUMBER) FOR ASSISTANCE, YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE.
ORDERED at ...................., Florida, on .....(date).......
___________________
Judge
NOTE: Paragraph 1 must be varied in accordance with the items unpaid, claimed, and proven. The form does not provide for an
adjudication of junior lienors claims nor for redemption by the United States of America if it is a defendant. The address of the person
who claims a lien as a result of the judgment must be included in the judgment in order for the judgment to become a lien on real
estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously
recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc. v. Fostock, 721 So. 2d 1236 (Fla.
4th DCA 1998).
Committee Notes
1980 Amendment. The reference to writs of assistance in paragraph 7 is changed to writs of possession to comply with the
consolidation of the 2 writs.
2010 Amendment. Mandatory statements of the mortgagee/property owners rights are included as required by the 2006
amendment to section 45.031, Florida Statutes. Changes are also made based on 2008 amendments to section 45.031, Florida
Statutes, permitting courts to order sale by electronic means.
Additional changes were made to bring the form into compliance with chapters 718 and 720 and section 45.0315, Florida Statutes,
and to better align the form with existing practices of clerks and practitioners. The breakdown of the amounts due is now set out in
column format to simplify calculations. The requirement that the form include the address and social security number of all defendants
was eliminated to protect the privacy interests of those defendants and in recognition of the fact that this form of judgment does not
create a personal final money judgment against the defendant borrower, but rather an in rem judgment against the property. The
address and social security number of the defendant borrower should be included in any deficiency judgment later obtained against
the defendant borrower.
2014 Amendment. These amendments added titles, updated statutory reference to time for right of redemption, and added a
paragraph on attorneys fees.
FORM 1.996(b). FINAL JUDGMENT OF FORECLOSURE FOR REESTABLISHMENT OF LOST NOTE
FINAL JUDGMENT
1. Amounts Due. Plaintiff, . (name and address) .., is due
Principal $...............................
Interest to date of this
judgment .
Title search expenses .
Taxes .
Attorneys fees total ..
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Court costs, now taxed ..

Other: .. ...
Subtotal $.................................
LESS: Escrow balance ..
LESS: Other ..
TOTAL $...............................
2. Lien on Property. Plaintiff holds a lien for the total sum superior to all claims or estates of defendant(s), on the following
described property .. County, Florida:
(describe property)
3. Sale of Property. If the total sum with interest at the rate described in paragraph 1 and all costs accrued subsequent to this
judgment are not paid, the clerk of this court shall sell the property at public sale on .....(date).., to the highest bidder for cash,
except as prescribed in paragraph 4, at the courthouse located at .(street address of courthouse). in County in (name
of city).., Florida, in accordance with section 45.031, Florida Statutes (2013), using the following method (CHECK ONE):
At .....(location of sale at courthouse; e.g., north door)....., beginning at .....(time of sale)..... on the prescribed date.
By electronic sale beginning at .....(time of sale)..... on the prescribed date at .....(website)......
4. Costs. Plaintiff shall advance all subsequent costs of this action and shall be reimbursed for them by the clerk if plaintiff is not the
purchaser of the property for sale, provided, however, that the purchaser of the property for sale shall be responsible for the
documentary stamps payable on the certificate of title. If plaintiff is the purchaser, the clerk shall credit plaintiffs bid with the total
sum with interest and costs accruing subsequent to this judgment, or such part of it as is necessary to pay the bid in full.
5. Distribution of Proceeds. On filing the certificate of title the clerk shall distribute the proceeds of the sale, so far as they are
sufficient, by paying: first, all of plaintiffs costs; second, documentary stamps affixed to the certificate; third, plaintiffs attorneys
fees; fourth, the total sum due to plaintiff, less the items paid, plus interest at the rate prescribed in paragraph 1 from this date to the
date of the sale; and by retaining any remaining amount pending further order of this court.
6. Right of Redemption/Right of Possession. On filing the certificate of sale, defendant(s) and all persons claiming under or
against defendant(s) since the filing of the notice of lis pendens shall be foreclosed of all estate or claim in the property and
defendants right of redemption as prescribed by section 45.031, Florida Statutes (2013) shall be terminated, except as to claims or
rights under chapter 718 or chapter 720, Florida Statutes, if any. Upon the filing of the certificate of title, the person named on the
certificate of title shall be let into possession of the property.
7. Attorneys Fees.
Because a default judgment has been entered against the mortgagor and because the fees requested do not exceed 3% of the
principal amount owed at the time the complaint was filed, it is not necessary for the court to hold a hearing or adjudge the requested
attorneys fees to be reasonable.
The court finds, based upon the affidavits/testimony presented and upon inquiry of counsel for the plaintiff that ___ hours were
reasonably expended by plaintiff's counsel and that an hourly rate of $______ is appropriate. Plaintiffs counsel represents that the
attorney fee awarded does not exceed its contract fee with the plaintiff. The court finds that there are no reduction or enhancement
factors for consideration by the court pursuant to Florida Patients Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985). (If the
court has found that there are reduction or enhancement factors to be applied, then such factors must be identified and explained
herein).
The requested attorneys fees are a flat rate fee that the firms client has agreed to pay in this matter. Given the amount of the fee
requested and the labor expended, the court finds that a lodestar analysis is not necessary and that the flat fee is reasonable.
8. Re-establishment of Lost Note. The court finds that the plaintiff has re-established the terms of the lost note and its right to
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enforce the instrument as required by applicable law. Plaintiff shall hold the defendant(s) maker of the note harmless and shall
indemnify defendant(s) for any loss defendant(s) may incur by reason of a claim by any other person to enforce the lost note.
Adequate protection has been provided as required by law by the following means: ..(identify means of security under applicable
law: a written indemnification agreement, a surety bond, include specific detail)...
Judgment is hereby entered in favor of the plaintiff as to its request to enforce the lost note.
9. Jurisdiction Retained. Jurisdiction of this action is retained to enforce the adequate protection ordered and to enter further
orders that are proper including, without limitation, a deficiency judgment.
IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE MAY BE ADDITIONAL MONEY FROM THE SALE AFTER
PAYMENT OF PERSONS WHO ARE ENTITLED TO BE PAID FROM THE SALE PROCEEDS PURSUANT TO THE FINAL
JUDGMENT.
IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, YOU MUST FILE
A CLAIM WITH THE CLERK NO LATER THAN 60 DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE
ENTITLED TO ANY REMAINING FUNDS.
[If the property being foreclosed on has qualified for the homestead tax exemption in the most recent approved tax roll, the final
judgment shall additionally contain the following statement in conspicuous type:]
IF YOU ARE THE PROPERTY OWNER, YOU MAY CLAIM THESE FUNDS YOURSELF. YOU ARE NOT REQUIRED TO HAVE A
LAWYER OR ANY OTHER REPRESENTATION AND YOU DO NOT HAVE TO ASSIGN YOUR RIGHTS TO ANYONE ELSE IN
ORDER FOR YOU TO CLAIM ANY MONEY TO WHICH YOU ARE ENTITLED. PLEASE CHECK WITH THE CLERK OF THE
COURT, (INSERT INFORMATION FOR APPLICABLE COURT) WITHIN 10 DAYS AFTER THE SALE TO SEE IF THERE IS
ADDITIONAL MONEY FROM THE FORECLOSURE SALE THAT THE CLERK HAS IN THE REGISTRY OF THE COURT.
IF YOU DECIDE TO SELL YOUR HOME OR HIRE SOMEONE TO HELP YOU CLAIM THE ADDITIONAL MONEY, YOU SHOULD
READ VERY CAREFULLY ALL PAPERS YOU ARE REQUIRED TO SIGN, ASK SOMEONE ELSE, PREFERABLY AN ATTORNEY
WHO IS NOT RELATED TO THE PERSON OFFERING TO HELP YOU, TO MAKE SURE THAT YOU UNDERSTAND WHAT YOU
ARE SIGNING AND THAT YOU ARE NOT TRANSFERRING YOUR PROPERTY OR THE EQUITY IN YOUR PROPERTY
WITHOUT THE PROPER INFORMATION. IF YOU CANNOT AFFORD TO PAY AN ATTORNEY, YOU MAY CONTACT (INSERT
LOCAL OR NEAREST LEGAL AID OFFICE AND TELEPHONE NUMBER) TO SEE IF YOU QUALIFY FINANCIALLY FOR THEIR
SERVICES. IF THEY CANNOT ASSIST YOU, THEY MAY BE ABLE TO REFER YOU TO A LOCAL BAR REFERRAL AGENCY OR
SUGGEST OTHER OPTIONS. IF YOU CHOOSE TO CONTACT (NAME OF LOCAL OR NEAREST LEGAL AID OFFICE AND TELEPHONE
NUMBER) FOR ASSISTANCE, YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE.
ORDERED at .., Florida, on ..(date)
___________________
Judge
NOTE: Paragraph 1 must be varied in accordance with the items unpaid, claimed, and proven. The form does not provide for an
adjudication of junior lienors claims or for redemption by the United States of America if it is a defendant. The address of the person
who claims a lien as a result of the judgment must be included in the judgment in order for the judgment to become a lien on real
estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously
recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc. v. Fostock, 721 So. 2d 1236 (Fla.
4th DCA 1998).
Committee Note
2014 Amendment. This new form is to be used when the foreclosure judgment re-establishes a lost note.
FORM 1.996(bc). MOTION TO CANCEL AND RESCHEDULE FORECLOSURE SALE
Plaintiff moves to cancel and reschedule the mortgage foreclosure sale because:
1. On ..(date).. this Ccourt entered a Final Judgment of Foreclosure pursuant to which a foreclosure sale was scheduled for , 20
..(date)...
2. The sale needs to be canceled for the following reason(s):
a. Plaintiff and Ddefendant are continuing to be involved in loss mitigation;
b. Defendant is negotiating for the sale of the property that is the subject of this matter and Pplaintiff wants to allow the Ddefendant
an opportunity to sell the property and pay off the debt that is due and owing to Pplaintiff.
c. Defendant has entered into a contract to sell the property that is the subject of this matter and Pplaintiff wants to give the
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Ddefendant an opportunity to consummate the sale and pay off the debt that is due and owing to plaintiff.
d. Defendant has filed a Chapter Petition under the Federal Bankruptcy Code;
e. Plaintiff has ordered but has not received a statement of value/appraisal for the property;
f. Plaintiff and Ddefendant have entered into a Forbearance Agreement;
g. Other
3. If this Court cancels the foreclosure sale, Pplaintiff moves that it be rescheduled.
I hereby certify that a copy of the foregoing Mmotion has been furnished by U.S. mail postage prepaid, facsimile or hand delivery..
(method of service). to ..(name(s)).. this day of , 20 on ..(date)...
NOTE. This form is used to move the court to cancel and reschedule a foreclosure sale.
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Supreme Court of Florida

____________
No. SC13-2384
____________
IN RE: AMENDMENTS TO THE FLORIDA RULES OF CIVIL

PROCEDURE.
[January 14, 2016]
PER CURIAM.
This matter is before the Court for consideration of proposed amendments to
the Florida Rules of Civil Procedure. We have jurisdiction. See art. V, 2(a), Fla.
Const.
BACKGROUND
The Civil Procedure Rules Committee (Committee) filed a fast-track outof-cycle report, pursuant to Florida Rule of Judicial Administration 2.140(e),
proposing amendments to the Florida Rules of Civil Procedure in response to
legislative changes. In its report, the Committee proposed amendments to Florida
Rule of Civil Procedure 1.110 and forms 1.944, 1.996(a), and 1.996(b). The
Committee also proposed new rule 1.115 and several new forms. The amended
and new rules and forms were proposed in response to legislation regarding
mortgage foreclosure actions. Chapter 2013-137, Laws of Florida, created section

702.015, Florida Statutes. This statutory provision sets forth pleading
requirements for mortgage foreclosure complaints intended to expedite the
foreclosure process by ensuring initial disclosure of a plaintiffs status and the facts
supporting that status, thereby ensuring the availability of documents necessary to
the prosecution of the case. 702.015(1), Fla. Stat. (2015). Chapter 2013-137
also amended section 702.10, Florida Statutes, relating to orders to show cause
why a judgment of foreclosure should not be entered and hearings thereon. Ch.
2013-137, 6, Laws of Fla. The legislation became effective on June 7, 2013. Ch.
2013-137, 10, Laws of Fla. The act further specified that the pleading
requirements apply to cases filed on or after July 1, 2013, and the new show cause
provisions apply to cases pending on the effective date of the act. Ch. 2013-137,
8, Laws of Fla. Finally, the act requested that the Court amend the Florida Rules
of Civil Procedure to provide expedited foreclosure proceedings in conformity
with this act and . . . develop and publish forms for use in such expedited
proceedings. Ch. 2013-173, 9, Laws of Fla.
Upon consideration of the Committees report and proposals, on December
11, 2014, the Court issued an opinion adopting the proposals and providing a sixtyday comment period. In re Amends. to Fla. R. Civ. P., 153 So. 3d 258 (Fla. 2014).
Multiple comments were filed, and the Committee filed a response proposing
-2-
several additional amendments to the rules and forms. Upon consideration of the
comments filed and the Committees response, we adopt the additional
amendments described below.
AMENDMENTS
Rule 1.115 (Pleading Mortgage Foreclosures). Rule 1.115 specifically
governs pleading requirements in foreclosure actions. The rule incorporates the
requirements of section 702.015, Florida Statutes, detailing pleading requirements
where the plaintiff is the holder of the original note secured by the mortgage,
where the plaintiff has been delegated authority to institute an action on behalf of
another who is entitled to enforce the note, and where the plaintiff seeks to enforce
a lost, destroyed, or stolen note. 702.015, Fla. Stat. (2015).
Rule 1.115 as it was proposed by the Committee and adopted by the Court
closely tracks the language of this statute. The comments filed raised a number of
issues with regard to the rule, two with which the Committee agrees. First, the
Committee agrees that the first sentence of subdivision (a) of the rule be amended
to clarify that the rule is intended to govern foreclosure of a mortgage or lien that is
secured by a promissory note on residential real property. Because this provides
further clarity in the rule, we adopt this amendment.
The Committee also agrees with comments suggesting that subdivision (d)
of the rule be amended to add a reference to section 702.11, Florida Statutes, for
-3-
completeness and clarity of the adequate protections which must be provided

before entry of judgment. Subdivision (d) of the rule addresses lost, destroyed, or
stolen instruments. In such cases the claimant is required to provide adequate
protection against loss that might occur by reason of a claim by another person
to enforce the instrument. 673.3091(2), Fla. Stat. (2015). Section 702.11,
Florida Statutes, also addresses adequate protection for lost, destroyed, or stolen
notes in mortgage foreclosure and lists the acceptable reasonable means of
providing adequate protection, if so found by the court. 702.11(1), Fla. Stat.
(2015). Accordingly, because both sections 673.3091(2) and 702.11(1) are
important provisions regarding adequate protections, we adopt the amendment to
subdivision (d) as proposed by the Committee.
Form 1.944(a) (Mortgage Foreclosure). This form is to be used only in
mortgage foreclosure cases where the location of the original note is known. The
form addresses the issues of delegated authority to institute a mortgage foreclosure
action and certification of possession of the original note. As with new rule 1.115,
the amendments that were made to this form closely follow the requirements for
pleading set forth in section 702.015, Florida Statutes (2015). Several comments
were received raising several issues. In response to the comments, the Committee
has proposed amending paragraph (3)(c) of this form and adding a new paragraph
(3)(d). The amendments provide separate choices where the delegated authority to
-4-
institute the action comes from the holder of the original note and where it comes
from one who is not the holder but who is otherwise entitled to enforce the note.
Because this would provide further clarity, we adopt these amendments to form
1.944(a) as proposed by the Committee.
Form 1.944(b) (Mortgage Foreclosure). This mortgage foreclosure
complaint form is for use in mortgage foreclosure cases where the location of the
original note is unknown. It incorporates the pleading requirements for such cases
set forth in section 702.015(5), Florida Statutes (2015). It also incorporates the
requirements of section 673.3091 (Enforcement of lost, destroyed, or stolen
instrument). In response to the comments filed with regard to form 1.944(b), the
Committee has proposed several amendments. The Committee has also
recommended several other amendments for consistency between forms 1.944(a)
and (b). Consistency between these forms is desirable, given that they are both
mortgage foreclosure complaint forms intended to implement the applicable
statute. We adopt the amendments as proposed by the Committee.
Form 1.944(c) (Motion for Order to Show Cause) and Form 1.944(d)
(Order to Show Cause). Form 1.944(c) is a motion for an order to show cause for
entry of final judgment of foreclosure. Form 1.944(d) is an order to show cause to
be issued following the filing of the motion for an order to show cause. These
forms are meant to be used in proceedings under section 702.10, Florida Statutes
-5-
(2015). The Committee agrees with comments filed suggesting that paragraph 7 of
form 1.944(c) and paragraph 10 of form 1.944(d), referring to homestead status,
should be deleted. We adopt the amendments to form 1.944(c) and (d) as proposed
by the Committee in response to the comments.
CONCLUSION
Accordingly, the Florida Rules of Civil Procedure and forms are hereby
amended as set forth in the appendix to this opinion.1 New language is indicated
by underscoring; deletions are indicated by struck-through type. The amendments
shall take effect immediately upon the release of this opinion.
It is so ordered.
LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON,
and PERRY, JJ., concur.
THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE
EFFECTIVE DATE OF THESE AMENDMENTS.
Original Proceeding Florida Rules of Civil Procedure
Judge Jacqueline Hogan Scola, Chair, Civil Procedure Rules Committee, Miami,
Florida; Kevin Bayly Cook, Past Chair, Civil Procedure Rules Committee, Roger
Towers, P.A., Ponte Vedra Beach, Florida; Thomas Howell Bateman, III, Past
Chair, Civil Procedure Rules Committee, Messer Caparello, P.A., Tallahassee,
1. The Committee requests that the Court correct a scriveners error in form
1.996(b) (Final Judgment of Foreclosure for Reestablishment of Lost Note). The
original submission by the Committee incorrectly cited to section 45.031, Florida
Statutes. We amend the form to instead cite to section 45.0315, Florida Statutes.
-6-
Florida; John F. Harkness, Jr., Executive Director, and Gregory A. Zhelesnik, Bar
Staff Liaison, The Florida Bar, Tallahassee, Florida,
for Petitioner
Lynn E. Szymoniak, Director, The Housing Justice Foundation, West Palm Beach,
Florida; Mark Aloysius Cullen of The Cullen Law Firm, P.A., West Palm Beach,
Florida; Patrick Lorne Farrell, Cape Coral, Florida; Chief Judge James T.
McGrady, III, Sixth Judicial Circuit, Clearwater, Florida; Michael L. Emge, Senior
Staff Attorney, Sixth Judicial Circuit, Saint Petersburg, Florida; Alejandro
Modesto Sanchez, President and Chief Executive Officer, Florida Bankers
Association, Inc., Tallahassee, Florida; Virginia Bullerman Townes of Akerman
LLP, Orlando, Florida; Senior Judge Randall G. McDonald, Tenth Judicial Circuit,
Bartow, Florida; Nye Lavalle, Pew Mortgage Institute, Boca Raton, Florida; John
F. Hooley, Naples, Florida; Joel Martin McTague of Frank Weinberg & Black, PL,
Plantation, Florida; Michael Allen Dribin, Chair, The Real Property, Probate and
Trust Section of The Florida Bar, Miami, Florida; Heidi Jo Bassett and Robert Rex
Edwards of Robertson, Anschutz & Schneid, P.L., Boca Raton, Florida; Thomas E.
Ice of Ice Legal PA, Royal Palm Beach, Florida; Lynn Drysdale, Jacksonville Area
Legal Aid, Inc., Jacksonville, Florida; Alice Maria Vickers, Florida Alliance for
Consumer Protection, Tallahassee, Florida; Roy David Oppenheim of Oppenheim
& Pilelsky, Weston, Florida; Margery Ellen Golant of Golant & Golant, P.A., Boca
Raton, Florida; Matthew Decell Weidner of Matthew D. Weidner, PA, Saint
Petersburg, Florida; Kevin Michael Hoyes of Kevin Hoyes Attorney PA, Key
West, Florida; Wendell David Finner, First Coast Consumer Law, Jacksonville
Beach, Florida; and Ronald Gillis, Murdock, Florida,
Responding with Comments
-7-
APPENDIX
RULE 1.115.
PLEADING MORTGAGE FORECLOSURES
(a) Claim for Relief. A claim for relief that seeks to foreclose a mortgage
or other lien which secures a promissory note on residential real property,
including individual units of condominiums and cooperatives designed principally
for occupation by one to four families which secures a promissory note, must: (1)
contain affirmative allegations expressly made by the claimant at the time the
proceeding is commenced that the claimant is the holder of the original note
secured by the mortgage; or (2) allege with specificity the factual basis by which
the claimant is a person entitled to enforce the note under section 673.3011, Florida
Statutes.
(b) (c)
[No change]
(d) Lost, Destroyed, or Stolen Instrument. If the claimant seeks to

enforce a lost, destroyed, or stolen instrument, an affidavit executed under penalty
of perjury must be attached to the claim for relief. The affidavit must: (1) detail a
clear chain of all endorsements, transfers, or assignments of the promissory note
that is the subject of the action; (2) set forth facts showing that the claimant is
entitled to enforce a lost, destroyed, or stolen instrument pursuant to section
673.3091, Florida Statutes; and (3) include as exhibits to the affidavit such copies
of the note and the allonges to the note, audit reports showing receipt of the
original note, or other evidence of the acquisition, ownership, and possession of the
note as may be available to the claimant. Adequate protection as required and
identified under sections 673.3091(2) and 702.11(1), Florida Statutes, shall be
provided before the entry of final judgment.
(e)
[No change]
-8-
FORM 1.944(a). MORTGAGE FORECLOSURE

(When location of original note known)
COMPLAINT
Plaintiff, A. B., sues defendant, C. D., and alleges:
1.
Florida.
This is an action to foreclose a mortgage on real property in .......... County,
2.
On .....(date)....., defendant executed and delivered a promissory note and a
mortgage securing payment of the note to .....(plaintiff or plaintiff's predecessor)...... The
mortgage was recorded on .....(date)....., in Official Records Book .......... at page .......... of the
public records of .......... County, Florida, and mortgaged the property described in the mortgage
then owned by and in possession of the mortgagor, a copy of the mortgage and the note being
attached.
3.
(Select a, b, or c, or d)
(a)
Plaintiff is the holder of the original note secured by the mortgage.
(b)
Plaintiff is a person entitled to enforce the note under applicable law
because .....(allege specific facts)......
(c)
Plaintiff has been delegated the authority to institute a mortgage
foreclosure action on behalf of the person entitled to enforce the note.....(name of holder)....., the
holder of the original note. The document(s) that grant(s) plaintiff the authority to act on behalf
of the person entitled to enforce theholder of the original note is/are as follows ...........
(d)
foreclosure action on behalf of .....(name of non-holder)....., who is not the holder but is entitled
to enforce the note under section 673.3011(2), Florida Statutes, because .....(allege specific
facts)...... The document(s) that grant(s) plaintiff the authority to act on behalf of the person
entitled to enforce the note is/are as follows ...........
4.
The property is now owned by defendant who holds possession.
5.
Defendant has defaulted under the note and mortgage by failing to pay the
payment due .....(date)....., and all subsequent payments .....(allege other defaults as
applicable)......
6.
Plaintiff declares the full amount payable under the note and mortgage to be due.
-9-
7.
Defendant owes plaintiff $.......... that is due on principal on the note and
mortgage, interest from .....(date)....., and title search expense for ascertaining necessary parties
to this action.
8.
Plaintiff is obligated to pay plaintiff's attorneys a reasonable fee for their services.
Plaintiff is entitled to recover its attorneys' fees under .....(allege statutory and/or contractual
bases, as applicable)......
WHEREFORE, plaintiff demands judgment foreclosing the mortgage, for costs (and,
when applicable, for attorneys' fees), and, if the proceeds of the sale are insufficient to pay
plaintiff's claim, a deficiency judgment.
NOTE: An action for foreclosure of a mortgage on residential real property must contain an
oath, affirmation, or the following statement as required by rule 1.115(e).
VERIFICATION
Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged
therein are true and correct to the best of my knowledge and belief.
Executed on this .....(date)......
______________________________
CERTIFICATION OF POSSESSION OF ORIGINAL NOTE
The undersigned hereby certifies:
1.
That plaintiff is in possession of the original promissory note upon which this
action is brought.
2.
The location of the original promissory note is: ..... (location) ......
3.
The name and title of the person giving the certification is: .....(name and title)......
4.
The name of the person who personally verified such possession is: .....(name)......
5.
The time and date on which possession was verified were: .....(time and date)......
6.
Correct copies of the note (and, if applicable, all endorsements, transfers,
allonges, or assignments of the note) are attached to this certification.
7.
I give this statement based on my personal knowledge.
Under penalties of perjury, I declare that I have read the foregoing Certification of
Possession of Original Note and that the facts stated in it are true.
- 10 -
Executed on .....(date)......
______________________________
(Person Signing Certification)
NOTE: This form is for installment payments with acceleration. It omits allegations about junior
encumbrances, unpaid taxes, unpaid insurance premiums, other nonmonetary defaults, and for a
receiver. They must be added when appropriate. A copy of the note and mortgage must be
attached. This form may require modification. This form is designed to incorporate the pleading
requirements of section 702.015, Florida Statutes (2013) and rule 1.115. It is also designed to
conform to section 673.3011, Florida Statutes (2013), except that part of section 673.3011,
Florida Statutes, which defines a person entitled to enforce an instrument under section
673.3091, Florida Statutes. See form 1.944(b). Pursuant to section 702.015, Florida Statutes
(2013), a certification of possession of the original promissory note must be filed
contemporaneously with the Complaint (form 1.944(a)) or, in the event that the plaintiff seeks to
enforce a lost, destroyed, or stolen instrument, an affidavit setting forth the facts required by law
must be attached to the complaint (form 1.944(b)).
- 11 -
FORM 1.944(b). MORTGAGE FORECLOSURE

(When location of original note unknown)
COMPLAINT
Plaintiff, ABC, sues defendant, XYZ, and states:
1.
Florida.
This is an action to foreclose a mortgage on real property in . County,
2.
On .....(date)....., defendant executed and delivered a promissory note and a
mortgage securing the payment of said note to .....(plaintiff or plaintiffs predecessor)...... The
public records of .......... County, Florida, and mortgaged the property described therein which
was then owned by and in possession of the mortgagor. A copy of the mortgage and note are
attached to the affidavit which is attached hereto as Composite Exhibit 1; the contents of the
affidavit are specifically incorporated by reference.
3.
4.
because
Plaintiff is not in possession of the note but is entitled to enforce it.

(select a, b, c, or d) Plaintiff cannot reasonably obtain possession of the note
(a)
the note was destroyed.
(b)
the note is lost.
(c)
the note is in the wrongful possession of an unknown person.
(d)
the note is in the wrongful possession of a person that cannot be found or
is not amenable to service of process.
5.
(select a, b, c, or d, e, or f)
(a)
At the time the original note was lostWhen loss of possession occurred,
plaintiff was the holder of the original note secured by the mortgage.
(b)
plaintiff was a person entitled to enforce the note under applicable law because .....(allege
specific facts)......
(c)
Plaintiff has directly or indirectly acquired ownership of the note from a
person who was entitled to enforce the note when loss of possession occurred as follows:
.....(allege facts as to transfer of ownership)......
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(d)
foreclosure action on behalf of the person entitled to enforce the note, and theholder of the
original note who lost possession of the note. The document(s) that grant(s) plaintiff the
authority to act on behalf of the person entitled to enforce the note is/are as follows ...........
(attach documents if not already attached).
(e)
foreclosure action on behalf of the person entitled to enforce the note when loss of possession
occurred because .....(allege specific facts)...... The document(s) that grant(s) plaintiff the
authority to act on behalf of the person entitled to enforce the note is/are as follows .......... (attach
documents if not already attached).
(f)
foreclosure action on behalf of the person or entity who directly or indirectly acquired ownership
of the note from a person entitled to enforce the note when loss of possession occurred, as
follows: .....(allege specific facts)...... the document(s) that grant(s) plaintiff the authority to act
on behalf of the person entitled to enforce the note is/are as follows .......... (attach documents if
not already attached).
6.
seizure.
7.
Plaintiff did not transfer the note or lose possession of it as the result of a lawful
The property is now owned by defendant who holds possession.
8.
Defendant has defaulted under the note and mortgage by failing to pay the
payment(s) due .....(date(s))....., and all subsequent payments .....(identify other defaults as
applicable)......
9.
Plaintiff declares the full amount payable under the note and mortgage to be due.
10.
Defendant owes plaintiff $......... that is due on principal on the note and
mortgage, interest from .....(date)....., and title search expense for ascertaining necessary parties
to this action.
11.
Plaintiff is obligated to pay its attorneys a reasonable fee for their services.
Plaintiff is entitled to recover its attorneys fees for prosecuting this claim pursuant to
.....(identify statutory and/or contractual bases, as applicable)......
WHEREFORE, Plaintiff demands judgment re-establishing the promissory note,
determining the amount and nature of adequate protection to be required by sections 673.3091(2)
and 702.11, Florida Statutes, foreclosing the mortgage, for costs (and, where applicable, for
attorneys fees), and if the proceeds of the sale are insufficient to pay plaintiffs claim, a
deficiency judgment.
NOTE: An action for foreclosure of a mortgage on residential real property must contain an
oath, affirmation, or the following statement as required by rule 1.115(e).
- 13 -
VERIFICATION
Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged
therein are true and correct to the best of my knowledge and belief.
Executed on .....(date)......
______________________________
*****
AFFIDAVIT OF COMPLIANCE
STATE OF FLORIDA
COUNTY OF
BEFORE ME, the undersigned authority, personally appeared .....(name)....., who, after
being first duly sworn, deposes and states, under penalty of perjury:
1.
I am the plaintiff (or plaintiffs ..........) (identify relationship to plaintiff).
2.
I am executing this affidavit in support of plaintiffs Complaint against defendant
and I have personal knowledge of the matters set forth herein.
32.
On .....(date)....., the public records reflect that defendant executed and delivered a
mortgage securing the payment of the note to .....(plaintiff/plaintiffs predecessor)...... The
public records of .......... County, Florida, and mortgaged the property described therein, which
was then owned by and in possession of the mortgagor, a copy of the mortgage and the note
being attached.
3.
4.
because
Plaintiff is not in possession of the note but is entitled to enforce it.

(select a, b, c, or d) Plaintiff cannot reasonably obtain possession of the note
(a)
the note was destroyed.
(b)
the note is lost.
(c)
the note is in the wrongful possession of an unknown person.
(d)
the note is in the wrongful possession of a person who cannot be found or
is not amenable to service of process.
5.
(select a, b, c, or d, e, or f)
- 14 -
(a)
plaintiff was the holder of the original note secured by the mortgage.
(b)
plaintiff was a person entitled to enforce the note under applicable law because .....(allege
specific facts)......
(c)
Since the note was lost, pPlaintiff has directly or indirectly acquired
ownership of the note from a person who was entitled to enforce the note when loss of
possession occurred as follows: .....(allege facts regarding transfer of ownership)......
(d)
foreclosure action on behalf of the person entitled to enforce the note, and theholder of the
original note who lost possession of the note. The document(s) that grant(s) plaintiff the
authority to act on behalf of the person entitled to enforce the note is/are as follows .......... (attach
copy of document(s) or relevant portion(s) of the document(s)).
(e)
foreclosure action on behalf of the person entitled to enforce the original note when loss of
possession occurred, because .....(allege specific facts)...... The document(s) that grant(s) plaintiff
the authority to act on behalf of the person entitled to enforce the note is/are as follows ..........
(attach documents if not already attached).
(f)
foreclosure action on behalf of the person or entity who directly or indirectly acquired ownership
of the note from a person entitled to enforce the original note when loss of possession occurred,
as follows .....(allege specific facts)...... The document(s) that grant(s) plaintiff the authority to
act on behalf of the person entitled to enforce the note is/are as follows .......... (attach documents
if not already attached).
6.
Below is the clear chain of the endorsements, transfers, allonges or assignments of
the note and all documents that evidence same as are available to Plaintiff: .....(identify in
chronological order all endorsements, transfers, assignments of, allonges to, the note or other
evidence of the acquisition, ownership and possession of the note)...... Correct copies of the
foregoing documents are attached to this affidavit.
7.
seizure.
Plaintiff did not transfer the note or lose possession of it as the result of a lawful
FURTHER, AFFIANT SAYETH NAUGHT.
__________________________
[signature]
[typed or printed name of affiant]
- 15 -
STATE OF FLORIDA
COUNTY OF ...
BEFORE ME, the undersigned authority appeared .....(name of affiant)....., who ..... is
personally known to me or ..... produced identification ..... and acknowledged that he/she
executed the foregoing instrument for the purposes expressed therein and who did take an oath.
WITNESS my hand and seal in the State and County aforesaid, this .....(date)......
______________________________
NOTARY PUBLIC, State of Florida
Print Name:
Commission Expires: .
Committee Note
2014 Adoption. This form is for installment payments with acceleration. It omits
allegations about junior encumbrances, unpaid taxes, unpaid insurance premiums, other
nonmonetary defaults, and for a receiver. Allegations must be added when appropriate. This
form may require modification. This form is designed to incorporate the pleading requirements
of section 702.015, Florida Statutes (2013), and rule 1.115. It is also designed to comply with
section 673.3091, Florida Statutes (2013). Adequate protection as required by sections 702.11
(2013) and 673.3091(2), Florida Statutes (2013), must be provided before the entry of final
judgment.
- 16 -
FORM 1.944(c). MOTION FOR ORDER TO SHOW CAUSE

PLAINTIFFS MOTION FOR ORDER TO SHOW CAUSE
FOR ENTRY OF FINAL JUDGMENT OF FORECLOSURE
1.
Plaintiff is a lienholder of real property located at .....(address)..... or is a
.....Condominium Association/Cooperative Association/Homeowners Association......
2.
The plaintiff has filed a verified complaint in conformity with applicable law,
which is attached.
3.
The plaintiff requests this court issue an order requiring defendant(s) to appear
before the court to show cause why a final judgment of foreclosure should not be entered against
defendant(s).
4.
The date of the hearing may not occur sooner than the later of 20 days after
service of the order to show cause or 45 days after service of the initial complaint.
OR
COMMENT: Use the following when service is by publication:
4.
When service is obtained by publication, the date for the hearing may not be set
sooner than 30 days after the first publication.
5.
The accompanying proposed order to show cause affords defendant(s) all the
rights and obligations as contemplated by applicable law.
6.
Upon the entry of the order to show cause, plaintiff shall serve a copy of the
executed order to show cause for entry of final judgment as required by law.
7.
This is not a residential property for which a homestead exemption for
taxation was granted according to the rolls of the latest assessment by the County Property
Appraiser.
Plaintiff requests the court review this complaint and grant this motion for order to show
cause for entry of final judgment of foreclosure, and grant such further relief as may be awarded
at law or in equity.
Plaintiff
Certificate of Service
Committee Note
- 17 -
2014 Adoption. This form is designed to comply with section 702.10, Florida Statutes
(2013).
- 18 -
FORM 1.944(d). ORDER TO SHOW CAUSE

ORDER TO SHOW CAUSE
THIS CAUSE has come before the court on .....plaintiffs/lien holders..... motion for
order to show cause for entry of final judgment of mortgage foreclosure and the court having
reviewed the motion and the verified complaint, and being otherwise fully advised in the
circumstances, finds and it is
ORDERED AND ADJUDGED that:
1.
The defendant(s) shall appear at a hearing on foreclosure on .....(date)..... at .....
(time) ..... before the undersigned judge, in the ..(county).. Courthouse at ..(address)..,
to show cause why the attached final judgment of foreclosure should not be entered against the
defendant(s) in this cause. This hearing referred to in this order is a show cause hearing.
2.
This ORDER TO SHOW CAUSE shall be served on the defendant(s) in
accordance with the Florida Rules of Civil Procedure and applicable law as follows:
a.
If the defendant(s) has/have been served under Chapter 48, Florida
Statutes, with the verified complaint and original process has already been effectuated, service of
this order may be made in the manner provided in the Florida Rules of Civil Procedure; or, if the
other party is the plaintiff in the action, service of the order to show cause on that party may be
made in the manner provided in the Florida Rules of Civil Procedure.
b.
If the defendant(s) has/have not been served under Chapter 48, Florida
Statutes, with the verified complaint and original process, the order to show cause, together with
the summons and a copy of the verified complaint, shall be served on the party in the same
manner as provided by law for original process.
3.
The filing of defenses by a motion or verified answer at or before the show cause
hearing constitutes cause for which the court may not enter the attached final judgment.
4.
Defendant(s) has/have the right to file affidavits or other papers at the time of the
show cause hearing and may appear at the hearing personally or by an attorney.
5.
If defendant(s) file(s) motions, they may be considered at the time of the show
cause hearing.
6.
Defendant(s) failure to appear either in person or by an attorney at the show
cause hearing or to file defenses by motion or by a verified or sworn answer, affidavits, or other
papers which raise a genuine issue of material fact which would preclude entry of summary
judgment or which would otherwise constitute a legal defense to foreclosure, after being served
as provided by law with the order to show cause, will be deemed presumptively a waiver of the
right to a hearing. In such case, the court may enter a final judgment of foreclosure ordering the
- 19 -
clerk of the court to conduct a foreclosure sale. An order requiring defendant(s) to vacate the
premises may also be entered.
7.
If the mortgage provides for reasonable attorneys fees and the requested fee does
not exceed 3% of the principal amount owed at the time the complaint is filed, the court may not
need to hold a hearing to adjudge the requested fee to be reasonable.
8.
Any final judgment of foreclosure entered under section 702.10(1) Florida
Statutes, shall be only for in rem relief; however, entry of such final judgment of foreclosure
shall not preclude entry of an in personam money damages judgment or deficiency judgment
where otherwise allowed by law.
9.
A copy of the proposed final judgment is attached and will be entered by the
court if defendant(s) waive(s) the right to be heard at the show cause hearing.
10.
The court finds that this is not a residential property for which a homestead
exemption for taxation was granted according to the rolls of the latest assessment by the
county property appraiser.
DONE AND ORDERED at .....(county)....., Florida .....(date)......
_____________________
CIRCUIT JUDGE
Copies to:
Committee Note
2014 Adoption. This form is designed to comply with section 702.10(1), Florida Statutes
(2013).
- 20 -
FORM 1.996(b). FINAL JUDGMENT OF FORECLOSURE FOR REESTABLISHMENT OF LOST NOTE

FINAL JUDGMENT
1.
Amounts Due.
Plaintiff, . (name and address) .., is due
Principal
$................................
Interest to date of this judgment
..................................
Title search expenses
..................................
Taxes
..................................
Attorneys fees total
..................................
Court costs, now taxed
..................................
Other:
..................................
Subtotal
$................................
LESS: Escrow balance
..................................
LESS: Other .
..................................
TOTAL
$................................
2.
Lien on Property. Plaintiff holds a lien for the total sum superior to all claims
or estates of defendant(s), on the following described property .. County, Florida:
(describe property)
3.
Sale of Property. If the total sum with interest at the rate described in paragraph
1 and all costs accrued subsequent to this judgment are not paid, the clerk of this court shall sell
the property at public sale on .....(date).., to the highest bidder for cash, except as prescribed in
paragraph 4, at the courthouse located at .(street address of courthouse). in
County in ..(name of city).., Florida, in accordance with section 45.031, Florida Statutes
(2013), using the following method (CHECK ONE):
- 21 -
.. At .....(location of sale at courthouse; e.g., north door)....., beginning at .....(time of

sale)..... on the prescribed date.
.. By electronic sale beginning at .....(time of sale)..... on the prescribed date at
.....(website)......
4.
Costs. Plaintiff shall advance all subsequent costs of this action and shall be
reimbursed for them by the clerk if plaintiff is not the purchaser of the property for sale,
provided, however, that the purchaser of the property for sale shall be responsible for the
documentary stamps payable on the certificate of title. If plaintiff is the purchaser, the clerk shall
credit plaintiffs bid with the total sum with interest and costs accruing subsequent to this
judgment, or such part of it as is necessary to pay the bid in full.
5.
Distribution of Proceeds. On filing the certificate of title the clerk shall
distribute the proceeds of the sale, so far as they are sufficient, by paying: first, all of plaintiffs
costs; second, documentary stamps affixed to the certificate; third, plaintiffs attorneys fees;
fourth, the total sum due to plaintiff, less the items paid, plus interest at the rate prescribed in
paragraph 1 from this date to the date of the sale; and by retaining any remaining amount
pending further order of this court.
6.
Right of Redemption/Right of Possession. On filing the certificate of sale,
defendant(s) and all persons claiming under or against defendant(s) since the filing of the notice
of lis pendens shall be foreclosed of all estate or claim in the property and defendants right of
redemption as prescribed by section 45.0315, Florida Statutes (2013) shall be terminated, except
as to claims or rights under chapter 718 or chapter 720, Florida Statutes, if any. Upon the filing
of the certificate of title, the person named on the certificate of title shall be let into possession of
the property.
7.
Attorneys Fees.

Because a default judgment has been entered against the mortgagor and because the fees
requested do not exceed 3 percent of the principal amount owed at the time the complaint was
filed, it is not necessary for the Court to hold a hearing or adjudge the requested attorneys' fees to
be reasonable.
The Court finds, based upon the affidavits/testimony presented and upon inquiry of
counsel for the Plaintiff that ___ hours were reasonably expended by Plaintiff's counsel and that
an hourly rate of $______ is appropriate. Plaintiff's counsel represents that the attorney fee
awarded does not exceed its contract fee with the Plaintiff. The Court finds that there are/are no
reduction or enhancement factors for consideration by the Court pursuant to Florida Patient
Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985). (If the Court has found that there are
- 22 -
reduction or enhancement factors to be applied, then such factors must be identified and
explained herein).
The requested attorneys fees are a flat rate fee that the firms client has agreed to pay in
this matter. Given the amount of the fee requested and the labor expended, the Court finds that a
lodestar analysis is not necessary and that the flat fee is reasonable.
8.
Re-establishment of Lost Note. The court finds that the plaintiff has reestablished the terms of the lost note and established its right to enforce the instrument as
required by law. Plaintiff shall hold the defendant(s) maker of the note harmless and shall
indemnify defendant(s) for any loss Defendant(s) may incur by reason of a claim by any other
person to enforce the lost note. Adequate protection has been provided as required by law by the
following means: .. (Identify means of security per applicable law: a written indemnification
agreement, a surety bond, include specific detail)...
Judgment is hereby entered in favor of the plaintiff as to its request to enforce the lost
note.
9.
Jurisdiction Retained. Jurisdiction of this action is retained to enforce the
adequate protection ordered and to enter further orders that are proper including, without
limitation, a deficiency judgment.
IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE MAY BE ADDITIONAL
MONEY FROM THE SALE AFTER PAYMENT OF PERSONS WHO ARE ENTITLED
TO BE PAID FROM THE SALE PROCEEDS PURSUANT TO THE FINAL JUDGMENT.
IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO FUNDS
REMAINING AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK NO
LATER THAN 60 DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU
WILL NOT BE ENTITLED TO ANY REMAINING FUNDS.
[If the property being foreclosed on has qualified for the homestead tax exemption in the most
recent approved tax roll, the final judgment shall additionally contain the following statement in
conspicuous type:]
IF YOU ARE THE PROPERTY OWNER, YOU MAY CLAIM THESE FUNDS
YOURSELF. YOU ARE NOT REQUIRED TO HAVE A LAWYER OR ANY OTHER
REPRESENTATION AND YOU DO NOT HAVE TO ASSIGN YOUR RIGHTS TO
ANYONE ELSE IN ORDER FOR YOU TO CLAIM ANY MONEY TO WHICH YOU ARE
ENTITLED. PLEASE CHECK WITH THE CLERK OF THE COURT, (INSERT
INFORMATION FOR APPLICABLE COURT) WITHIN 10 DAYS AFTER THE SALE TO
SEE IF THERE IS ADDITIONAL MONEY FROM THE FORECLOSURE SALE THAT
THE CLERK HAS IN THE REGISTRY OF THE COURT.
- 23 -
IF YOU DECIDE TO SELL YOUR HOME OR HIRE SOMEONE TO HELP YOU CLAIM
THE ADDITIONAL MONEY, YOU SHOULD READ VERY CAREFULLY ALL PAPERS
YOU ARE REQUIRED TO SIGN, ASK SOMEONE ELSE, PREFERABLY AN
ATTORNEY WHO IS NOT RELATED TO THE PERSON OFFERING TO HELP YOU,
TO MAKE SURE THAT YOU UNDERSTAND WHAT YOU ARE SIGNING AND THAT
YOU ARE NOT TRANSFERRING YOUR PROPERTY OR THE EQUITY IN YOUR
PROPERTY WITHOUT THE PROPER INFORMATION. IF YOU CANNOT AFFORD
TO PAY AN ATTORNEY, YOU MAY CONTACT (INSERT LOCAL OR NEAREST LEGAL
AID OFFICE AND TELEPHONE NUMBER) TO SEE IF YOU QUALIFY FINANCIALLY
FOR THEIR SERVICES. IF THEY CANNOT ASSIST YOU, THEY MAY BE ABLE TO
REFER YOU TO A LOCAL BAR REFERRAL AGENCY OR SUGGEST OTHER
OPTIONS. IF YOU CHOOSE TO CONTACT (NAME OF LOCAL OR NEAREST LEGAL
AID OFFICE AND TELEPHONE NUMBER) FOR ASSISTANCE, YOU SHOULD DO SO
AS SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE.
ORDERED at .., Florida, on ..(date)
___________________
Judge
NOTE: Paragraph 1 must be varied in accordance with the items unpaid, claimed, and proven. The
form does not provide for an adjudication of junior lienors claims or for redemption by the United
States of America if it is a defendant. The address of the person who claims a lien as a result of the
judgment must be included in the judgment in order for the judgment to become a lien on real
estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this
information may be simultaneously recorded. For the specific requirements, see section 55.10(1),
Florida Statutes; Hott Interiors, Inc. v. Fostock, 721 So. 2d 1236 (Fla. 4th DCA 1998).
Committee Note
2014 Amendment. This new form is to be used when the foreclosure judgment reestablishes a lost note.
- 24 -
VIA Email gharrell@marioncountyclerk.org

Gregory C. Harrell
General Counsel to David R. Ellspermann
Marion County Clerk of Court & Comptroller
December 24, 2014
RE: Clerks duty and the civil cover sheet (form 1.997), Rule 1.100(c)(2).
Reverse Mortgage Solutions, Inc. vs. Neil J. Gillespie, et al., Case No. 13-115-CAT
Dear Mr. Harrell:
You emailed me December 09, 2014 at 4:59 PM about the civil cover sheet (form 1.997):
-The case was designated as a commercial foreclosure by plaintiff's counsel in the civil
cover sheet that the plaintiff is responsible for preparing and filing at the outset of the
case. You will need to take the matter up with the court and/or the plaintiff however you
deem appropriate if you dispute the plaintiff's characterization of the case, as the Clerk
has no say in that.
Mr. Harrell, under Rule 1.100(c)(2) ...all proceedings in the action shall be abated until a
properly executed cover sheet is completed and filed.... This is the Clerks duty, see
Rule 1.100(c)(2) Pleadings and Motions.
(2) A civil cover sheet (form 1.997) shall be completed and filed with the clerk at the
time an initial complaint or petition is filed by the party initiating the action. If the cover
sheet is not filed, the clerk shall accept the complaint or petition for filing; but all
proceedings in the action shall be abated until a properly executed cover sheet is
completed and filed. The clerk shall complete the civil cover sheet for a party appearing
pro se.
Currently the civil cover sheet (form 1.997) is not properly executed as completed and filed.
The Clerk has a ministerial duty under Rule 1.100(c)(2), ...all proceedings in the action shall be
abated until a properly executed cover sheet is completed and filed..
When can I expect the Clerk to fulfill its ministerial duties under Rule 1.100(c)(2)?
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Phone: 352-854-7807
Enclosures
RULE 1.100
FLORIDA RULES OF CIVIL PROCEDURE
such; an answer to a crossclaim if the answer contains

a crossclaim; a third-party complaint if a person who
was not an original party is summoned as a third-party
defendant; and a third-party answer if a third-party
complaint is served. If an answer or third-party answer contains an affirmative defense and the opposing
party seeks to avoid it, the opposing party shall file
a reply containing the avoidance. No other pleadings
shall be allowed.
(b) Motions. An application to the court for an order shall be by motion which shall be made in writing
unless made during a hearing or trial, shall state with
particularity the grounds therefor, and shall set forth
the relief or order sought. The requirement of writing
is fulfilled if the motion is stated in a written notice of
the hearing of the motion. All notices of hearing shall
specify each motion or other matter to be heard.
(c) Caption.
(1) Every pleading, motion, order, judgment, or
other paper shall have a caption containing the name
of the court, the file number, the name of the first party
on each side with an appropriate indication of other
parties, and a designation identifying the party filing
it and its nature or the nature of the order, as the case
may be. All papers filed in the action shall be styled in
such a manner as to indicate clearly the subject matter of the paper and the party requesting or obtaining
relief.1
(2) A civil cover sheet (form 1.997) shall be completed and filed with the clerk at the time an initial
complaint or petition is filed by the party initiating the
action. If the cover sheet is not filed, the clerk shall
accept the complaint or petition for filing; but all proceedings in the action shall be abated until a properly
executed cover sheet is completed and filed. The clerk
shall complete the civil cover sheet for a party appearing pro se.
(3) A final disposition form (form 1.998) shall be
filed with the clerk by the prevailing party at the time
of the filing of the order or judgment which disposes of
the action. If the action is settled without a court order
or judgment being entered, or dismissed by the parties, the plaintiff or petitioner immediately shall file
a final disposition form (form 1.998) with the clerk.
RULE 1.110
The clerk shall complete the final disposition form for

a party appearing pro se, or when the action is dismissed by court order for lack of prosecution pursuant
to rule 1.420(e).
(d) Motion in Lieu of Scire Facias. Any relief
available by scire facias may be granted on motion
after notice without the issuance of a writ of scire
facias.
1.
E.g., Order Denying Plaintiffs Motion for Summary Judgment, Defendants Motion to Compel, Order Denying Defendants Motion to Dismiss, Final Judgment for Plaintiff, etc.
Committee Notes
1971 Amendment. The change requires a more complete designation of the document that is filed so that it may be more rapidly
identified. It also specifies the applicability of the subdivision to all
of the various documents that can be filed. For example, a motion to
dismiss should now be entitled defendants motion to dismiss the
complaint rather than merely motion or motion to dismiss.
1972 Amendment. Subdivision (a) is amended to make a reply
mandatory when a party seeks to avoid an affirmative defense in
an answer or third-party answer. It is intended to eliminate thereby
the problems exemplified by Tuggle v. Maddox, 60 So. 2d 158 (Fla.
1952), and Dickerson v. Orange State Oil Co., 123 So. 2d 562 (Fla.
2d DCA 1960).
1992 Amendment. Subdivision (b) is amended to require all
notices of hearing to specify the motions or other matters to be
heard.
RULE 1.110. GENERAL RULES OF

PLEADING
(a) Forms of Pleadings. Forms of action and technical forms for seeking relief and of pleas, pleadings,
or motions are abolished.
(b) Claims for Relief. A pleading which sets forth
a claim for relief, whether an original claim, counter
claim, crossclaim, or third-party claim, must state a
cause of action and shall contain (1) a short and plain
statement of the grounds upon which the courts jurisdiction depends, unless the court already has jurisdiction and the claim needs no new grounds of jurisdiction to support it, (2) a short and plain statement of the
ultimate facts showing that the pleader is entitled to
relief, and (3) a demand for judgment for the relief to
CIV-24
Form 1.997 CIVIL COVER SHEET
The civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other
papers as required by law. This form sh~lI~be.fi~d by the plaintiff or petitioner for the use of the Clerk of the Court for the purpose of
reporting judicial workload data pursuanit<Y Ftbrlda Statutes Section 25.075.
CASE STYLE
I.
IN THE CIRCUIT COURT OF THE FIFTH

JUDICIAL CIRCUIT OF FLORIDA IN AND
FOR MARION COUNTY
Plaintiff
Case #
Judge:
REVERSE MORTGAGE SOLUTIONS, INC.
l 3. - \ \ :- L.ea=
vs.
Defendant
II.
NEIL J. GILLESPIE AND MARK GILLESPIE AS CO-TRUSTEES

OF THE GILLESPIE FAMILY LIVING TRUST AGREEMENT
DATED FEBRUARY 10, 1997, et ale
.~ '~"
TYPE OF CASE
(If the case fits more than one type of case, select the most definitive category.) If the most
descriptive label is a subcategory (is indented under a broader category), place an "x" in both
the main category and subcategory boxes.
Condominium
Homestead residential foreclosure SO $50,000
Contracts and indebtedness
Homestead residential foreclosure $50,00 I -$249,999
Eminent domain
Homestead residential foreclosure S250,000 or more
Auto negligence
Nonhomestead residential foreclosu.re
Negligence - other
SO $50,000
Business governance
Nonhomestead residential foreclosure
Business torts
$50,001 - $249,999
EnvironmentallToxic tort
Third party indemnification
$250,000 or more
,_.. f::-'
Other real property actions $0 -~~:s..O~?p'O
Construction defect
-
---
Nursing home negligence
Premises liability residential
Malpractice - medical
X Real PropertylMortgage Foreclosure

Commercial foreclosure SO .. $50,000
.X_Commercial foreclosure 550,001 - $249,999
Commercial foreclosure 5250,000 or more
~~I'
IJ
__"
...-..
:" ;: ~?;
r-~:;.~~
Z
.'
f~,?
~.
;,.
. I
..... " ..
.r
U1
Malpractice .. other professional

Other
AntitrustlTrade regulation
Business transactions
Constitutional challenge - statute or ordinance
Constitutional challenge .. proposed amendment .
Libel/Slander
Corporate trusts
Shareholder derivative action
960921
=::
':- : ......
:'-~ ::
_,,'
Professional malpractice
Malpractice business
~~::
Other real property actions $25~09Q'or mor\~
Premises liability - c~mmercial

Products liability
r':
_~
Other real property actions 550;00:" $249~9
Mass tort
Negligent security
.....
:.=
~ ~-'~ :'::'~
;....
-. (,-.)
( ....
12..02121-2
II.
TYPE OF CASE
descriptive label is a subcategory (is indented under 8 broader category), place an "x" in both
the main c~tegory and subcategory boxes.
.'0... . \
.
Condominium
III.
.~
Homestead residential foreclosure $0 $50,000
Discrimination - employment or other
Securities litigation
Insurance claims
Trade secrets
Intel1ectual property
Trust litigation
REMEDIES SOUGHT (check all that apply):

X monetary;
nonmonetary declaratory or injunctive relief;
punitive
IV.
NUMBER OF CAUSES OF ACTION: [

(specify)
IS THIS CASE A CLASS ACTION LAWSUIT?

yes
X no
VI.
HAS NOTICE OF ANY KNOWN RELATED CASES BEEN FILED?

X no
yes If "yes," list all related cases by name, case number, and court.
VII.
IS JURY TRIAL DEMANDED IN COMPLAINT?
yes
X no
d in this cover sheet is accurate to the best of my knowledge and belief.

la. Bar#
Signatu
Attorney or party
0029364
(Bar # if attorney)
Danielle N. Parsons
960921
12-02121-2
I hereby certify that a copy of the foregoing motion has been furnished by
..(method of service).. to ..(name(s)).. on ..(date)...
NOTE.
This form is used to move the court to cancel and reschedule a
foreclosure sale.
FORM 1.997.
CIVIL COVER SHEET
The civil cover sheet and the information contained in it neither replace nor
supplement the filing and service of pleadings or other papers as required by law.
This form shall be filed by the plaintiff or petitioner for the use of the Clerk of
Court for the purpose of reporting judicial workload data pursuant to Florida
Statutes section 25.075. (See instructions for completion.)
I.
CASE STYLE
(Name of Court)
Plaintiff
.
.
.
Case #
Judge
.
.
vs.
Defendant
.
.
II.
TYPE OF CASE (If the case fits more than one type of case, select the
most definitive category.) If the most descriptive label is a subcategory (is indented
under a broader category), place an x on both the main category and subcategory
lines.
__ Condominium
__ Contracts and indebtedness
__ Eminent domain
__ Auto negligence
__ Negligenceother
__ Business governance
__ Business torts
March 16, 2015
Florida Rules of Civil Procedure
245
__ Environmental/Toxic tort
__ Third party indemnification
__ Construction defect
__ Mass tort
__ Negligent security
__ Nursing home negligence
__ Premises liabilitycommercial
__ Premises liabilityresidential
__ Products liability
__ Real property/Mortgage foreclosure
__ Commercial foreclosure $0 - $50,000
__ Commercial foreclosure $50,001 - $249,999
__ Commercial foreclosure $250,000 or more
__ Homestead residential foreclosure $0 - $50,000
__ Homestead residential foreclosure $50,001 - $249,999
__ Homestead residential foreclosure $250,000 or more
__ Nonhomestead residential foreclosure $0 - $50,000
__ Nonhomestead residential foreclosure $50,001 - $249,999
__ Nonhomestead residential foreclosure $250,000 or more
__ Other real property actions $0 - $50,000
__ Other real property actions $50,001 - $249,999
__ Other real property actions $250,000 or more
__ Professional malpractice
__ Malpracticebusiness
__ Malpracticemedical
__ Malpracticeother professional
__ Other
__ Antitrust/Trade regulation
__ Business transactions
__ Constitutional challengestatute or ordinance
__ Constitutional challengeproposed amendment
__ Corporate trusts
__ Discriminationemployment or other
__ Insurance claims
__ Intellectual property
__ Libel/Slander
__ Shareholder derivative action
__ Securities litigation
__ Trade secrets
__ Trust litigation
March 16, 2015
246
III.

__ Monetary;
__ Nonmonetary declaratory or injunctive relief;
__ Punitive
IV. NUMBER OF CAUSES OF ACTION: [ ]

(specify)
V.

__ yes
__ no
VI.
HAS NOTICE OF ANY KNOWN RELATED CASE BEEN

FILED?
__ no
__ yes If yes, list all related cases by name, case number, and court.
VII. IS JURY TRIAL DEMANDED IN COMPLAINT?

__ yes
__ no
I CERTIFY that the information I have provided in this cover sheet is accurate to
the best of my knowledge and belief, and that I have read and will comply with the
requirements of Florida Rule of Judicial Administration 2.425.
Signature
March 16, 2015
Fla. Bar #
Attorney or party
(Bar # if attorney)
(type or print name)
Date
247
FORM 1.997.
INSTRUCTIONS FOR ATTORNEYS COMPLETING

CIVIL COVER SHEET
Plaintiff must file this cover sheet with first paperwork filed in the action or
proceeding (except small claims cases or other county court cases, probate, or
family cases). Domestic and juvenile cases should be accompanied by a completed
Florida Family Law Rules of Procedure Form 12.928, Cover Sheet for Family
Court Cases. Failure to file a civil cover sheet in any civil case other than those
excepted above may result in sanctions.
I.
Case Style. Enter the name of the court, the appropriate case number
assigned at the time of filing of the original complaint or petition, the name of the
judge assigned (if applicable), and the name (last, first, middle initial) of
plaintiff(s) and defendant(s).
II.
Type of Case. Place an X on the appropriate line. If the cause fits more
than one type of case, select the most definitive. If the most definitive label is a
subcategory (indented under a broader category label), place an X on the
category and subcategory lines. Definitions of the cases are provided below in the
order they appear on the form.
(A) Condominium all civil lawsuits pursuant to Chapter 718, Florida Statutes,
in which a condominium association is a party.
(B) Contracts and indebtedness all contract actions relating to promissory
notes and other debts, including those arising from the sale of goods, but excluding
contract disputes involving condominium associations.
(C) Eminent domain all matters relating to the taking of private property for
public use, including inverse condemnation by state agencies, political
subdivisions, or public service corporations.
(D) Auto negligence all matters arising out of a partys allegedly negligent
operation of a motor vehicle.
(E) Negligenceother all actions sounding in negligence, including statutory
claims for relief on account of death or injury, that are not included in other main
categories.
March 16, 2015
248
(F) Business governance all matters relating to the management,

administration, or control of a company.
(G) Business torts all matters relating to liability for economic loss allegedly
caused by interference with economic or business relationships.
(H) Environmental/Toxic tort all matters relating to claims that violations of
environmental regulatory provisions or exposure to a chemical caused injury or
disease.
(I)
Third party indemnification all matters relating to liability transferred to a
third party in a financial relationship.
(J)
Construction defect all civil lawsuits in which damage or injury was
allegedly caused by defects in the construction of a structure.
(K) Mass tort all matters relating to a civil action involving numerous
plaintiffs against one or more defendants.
(L) Negligent security all matters involving injury to a person or property
allegedly resulting from insufficient security.
(M) Nursing home negligence all matters involving injury to a nursing home
resident resulting from negligence of nursing home staff or facilities.
(N) Premises liabilitycommercial all matters involving injury to a person or
property allegedly resulting from a defect on the premises of a commercial
property.
(O) Premises liabilityresidential all matters involving injury to a person or
property allegedly resulting from a defect on the premises of a residential property.
(P) Products liability all matters involving injury to a person or property
allegedly resulting from the manufacture or sale of a defective product or from a
failure to warn.
(Q) Real property/Mortgage foreclosure all matters relating to the possession,
title, or boundaries of real property. All matters involving foreclosures or sales of
real property, including foreclosures associated with condominium associations or
condominium units.
March 16, 2015
249
(R) Commercial foreclosure all matters relating to the termination of a

business owners interest in commercial property by a lender to gain title or force a
sale to satisfy the unpaid debt secured by the property. Check the category that
includes the estimate of the amount in controversy of the claim (section 28.241,
Florida Statutes).
(S) Homestead residential foreclosure all matters relating to the termination
of a residential property owners interest by a lender to gain title or force a sale to
satisfy the unpaid debt secured by the property where the property has been
granted a homestead exemption. Check the category that includes the estimate of
the amount in controversy of the claim (section 28.241, Florida Statutes).
(T) Nonhomestead residential foreclosure all matters relating to the
termination of a residential property owners interest by a lender to gain title or
force a sale to satisfy the unpaid debt secured by the property where the property
has not been granted a homestead exemption. Check the category that includes the
estimate of the amount in controversy of the claim (section 28.241, Florida
Statutes).
(U) Other real property actions all matters relating to land, land
improvements, or property rights not involving commercial or residential
foreclosure. Check the category that includes the estimate of the amount in
controversy of the claim (section 28.241, Florida Statutes).
(V)
Professional malpractice all professional malpractice lawsuits.
(W) Malpracticebusiness all matters relating to a businesss or business

persons failure to exercise the degree of care and skill that someone in the same
line of work would use under similar circumstances.
(X) Malpracticemedical all matters relating to a doctors failure to exercise
the degree of care and skill that a physician or surgeon of the same medical
specialty would use under similar circumstances.
(Y) Malpracticeother professional all matters relating to negligence of
those other than medical or business professionals.
(Z)
Other all civil matters not included in other categories.
March 16, 2015
250
(AA) Antitrust/Trade regulation all matters relating to unfair methods of

competition or unfair or deceptive business acts or practices.
(AB) Business transactions all matters relating to actions that affect financial or
economic interests.
(AC) Constitutional challengestatute or ordinance a challenge to a statute or
ordinance, citing a violation of the Florida Constitution.
(AD) Constitutional challengeproposed amendment a challenge to a
legislatively initiated proposed constitutional amendment, but excluding challenges
to a citizen-initiated proposed constitutional amendment because the Florida
Supreme Court has direct jurisdiction of such challenges.
(AE) Corporate trusts all matters relating to the business activities of financial
services companies or banks acting in a fiduciary capacity for investors.
(AF) Discriminationemployment or other all matters relating to
discrimination, including employment, sex, race, age, handicap, harassment,
retaliation, or wages.
(AG) Insurance claims -all matters relating to claims filed with an insurance
company.
(AH) Intellectual property all matters relating to intangible rights protecting
commercially valuable products of the human intellect.
(AI) Libel/Slander all matters relating to written, visual, oral, or aural
defamation of character.
(AJ) Shareholder derivative action all matters relating to actions by a
corporations shareholders to protect and benefit all shareholders against corporate
management for improper management.
(AK) Securities litigation all matters relating to the financial interest or
instruments of a company or corporation.
(AL) Trade secrets all matters relating to a formula, process, device, or other
March 16, 2015
251
business information that is kept confidential to maintain an advantage over

competitors.
(AM) Trust litigation all civil matters involving guardianships, estates, or trusts
and not appropriately filed in probate proceedings.
III. Remedies Sought. Place an X on the appropriate line. If more than one
remedy is sought in the complaint or petition, check all that apply.
IV. Number of Causes of Action. If the complaint or petition alleges more
than one cause of action, note the number and the name of the cause of action.
V.
Class Action. Place an X on the appropriate line.
VI.
Related Cases. Place an X on the appropriate line.
VII. Is Jury Trial Demanded In Complaint? Check the appropriate line to

indicate whether a jury trial is being demanded in the complaint
ATTORNEY OR PARTY SIGNATURE. Sign the civil cover sheet. Print legibly
the name of the person signing the civil cover sheet. Attorneys must include a
Florida Bar number. Insert the date the civil cover sheet is signed. Signature is a
certification that the filer has provided accurate information on the civil cover
sheet, and has read and complied with the requirements of Florida Rule of
Judicial Administration 2.425.
FORM 1.998.
FINAL DISPOSITION FORM
This form shall be filed by the prevailing party for the use of the Clerk of Court for
the purpose of reporting judicial workload data pursuant to Florida Statutes section
25.075. (See instructions on the reverse of the form.)
I.
CASE STYLE
Plaintiff
March 16, 2015
(Name of Court)
.
.
Case #
Judge
.
.
252
Form 1.997 CIVIL COVER SHEET
The civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other
papers as required by law. This form sh~lI~be.fi~d by the plaintiff or petitioner for the use of the Clerk of the Court for the purpose of
reporting judicial workload data pursuanit<Y Ftbrlda Statutes Section 25.075.
CASE STYLE
I.
IN THE CIRCUIT COURT OF THE FIFTH

JUDICIAL CIRCUIT OF FLORIDA IN AND
FOR MARION COUNTY
Plaintiff
Case #
Judge:
REVERSE MORTGAGE SOLUTIONS, INC.
l 3. - \ \ :- L.ea=
vs.
Defendant
II.
NEIL J. GILLESPIE AND MARK GILLESPIE AS CO-TRUSTEES

OF THE GILLESPIE FAMILY LIVING TRUST AGREEMENT
DATED FEBRUARY 10, 1997, et ale
.~ '~"
TYPE OF CASE
descriptive label is a subcategory (is indented under a broader category), place an "x" in both
the main category and subcategory boxes.
Condominium
Homestead residential foreclosure SO $50,000
Contracts and indebtedness
Homestead residential foreclosure $50,00 I -$249,999
Eminent domain
Homestead residential foreclosure S250,000 or more
Auto negligence
Nonhomestead residential foreclosu.re
Negligence - other
SO $50,000
Business governance
Business torts
$50,001 - $249,999
EnvironmentallToxic tort
Third party indemnification
$250,000 or more
,_.. f::-'
Other real property actions $0 -~~:s..O~?p'O
Construction defect
-
---
Nursing home negligence
Premises liability residential
Malpractice - medical
X Real PropertylMortgage Foreclosure

Commercial foreclosure SO .. $50,000
.X_Commercial foreclosure 550,001 - $249,999
Commercial foreclosure 5250,000 or more
~~I'
IJ
__"
...-..
:" ;: ~?;
r-~:;.~~
Z
.'
f~,?
~.
;,.
. I
..... " ..
.r
U1
Malpractice .. other professional

Other
AntitrustlTrade regulation
Business transactions
Constitutional challenge - statute or ordinance
Constitutional challenge .. proposed amendment .
Libel/Slander
Corporate trusts
Shareholder derivative action
960921
=::
':- : ......
:'-~ ::
_,,'
Professional malpractice
Malpractice business
~~::
Other real property actions $25~09Q'or mor\~
Premises liability - c~mmercial

Products liability
r':
_~
Other real property actions 550;00:" $249~9
Mass tort
Negligent security
.....
:.=
~ ~-'~ :'::'~
;....
-. (,-.)
( ....
12..02121-2
II.
TYPE OF CASE
descriptive label is a subcategory (is indented under 8 broader category), place an "x" in both
the main c~tegory and subcategory boxes.
.'0... . \
.
Condominium
III.
.~
Homestead residential foreclosure $0 $50,000
Discrimination - employment or other
Securities litigation
Insurance claims
Trade secrets
Intel1ectual property
Trust litigation

X monetary;
nonmonetary declaratory or injunctive relief;
punitive
IV.
NUMBER OF CAUSES OF ACTION: [

(specify)

yes
X no
VI.
HAS NOTICE OF ANY KNOWN RELATED CASES BEEN FILED?

X no
yes If "yes," list all related cases by name, case number, and court.
VII.
IS JURY TRIAL DEMANDED IN COMPLAINT?
yes
X no
d in this cover sheet is accurate to the best of my knowledge and belief.

la. Bar#
Signatu
Attorney or party
0029364
(Bar # if attorney)
Danielle N. Parsons
960921
12-02121-2
(a) Service. Every pleading subsequent to the initial pleading, all orders,
and every other document filed in the action must be served in conformity with the
(b) Filing. All documents shall be filed in conformity with the
(c) Writing and written defined. Writing or written means a document
containing information, an application, or a stipulation.
RULE 1.090.
TIME
(a) Computation. Computation of time shall be governed by Florida

Rule of Judicial Administration 2.514.
(b) Enlargement. When an act is required or allowed to be done at or
within a specified time by order of court, by these rules, or by notice given
thereunder, for cause shown the court at any time in its discretion (1) with or
without notice, may order the period enlarged if request therefor is made before the
expiration of the period originally prescribed or as extended by a previous order, or
(2) upon motion made and notice after the expiration of the specified period, may
permit the act to be done when failure to act was the result of excusable neglect,
but it may not extend the time for making a motion for new trial, for rehearing, or
to alter or amend a judgment; making a motion for relief from a judgment under
rule 1.540(b); taking an appeal or filing a petition for certiorari; or making a
motion for a directed verdict.
(c) Unaffected by Expiration of Term. The period of time provided for
the doing of any act or the taking of any proceeding shall not be affected or limited
by the continued existence or expiration of a term of court. The continued
existence or expiration of a term of court in no way affects the power of a court to
do any act or take any proceeding in any action which is or has been pending
before it.
(d) For Motions. A copy of any written motion which may not be heard
ex parte and a copy of the notice of the hearing thereof shall be served a reasonable
time before the time specified for the hearing.
RULE 1.100.
March 16, 2015
PLEADINGS AND MOTIONS
20
(a) Pleadings. There shall be a complaint or, when so designated by a

statute or rule, a petition, and an answer to it; an answer to a counterclaim
denominated as such; an answer to a crossclaim if the answer contains a
crossclaim; a third-party complaint if a person who was not an original party is
summoned as a third-party defendant; and a third-party answer if a third-party
complaint is served. If an answer or third-party answer contains an affirmative
defense and the opposing party seeks to avoid it, the opposing party shall file a
reply containing the avoidance. No other pleadings shall be allowed.
(b) Motions. An application to the court for an order shall be by motion
which shall be made in writing unless made during a hearing or trial, shall state
with particularity the grounds therefor, and shall set forth the relief or order sought.
The requirement of writing is fulfilled if the motion is stated in a written notice of
the hearing of the motion. All notices of hearing shall specify each motion or other
matter to be heard.
(c)
Caption.
(1) Every pleading, motion, order, judgment, or other paper shall

have a caption containing the name of the court, the file number, and except for in
rem proceedings, including forfeiture proceedings, the name of the first party on
each side with an appropriate indication of other parties, and a designation
identifying the party filing it and its nature or the nature of the order, as the case
may be. In any in rem proceeding, every pleading, motion, order, judgment, or
other paper shall have a caption containing the name of the court, the file number,
the style In re (followed by the name or general description of the property), and
a designation of the person or entity filing it and its nature or the nature of the
order, as the case may be. In an in rem forfeiture proceeding, the style shall be In
re forfeiture of (followed by the name or general description of the property). All
papers filed in the action shall be styled in such a manner as to indicate clearly the
subject matter of the paper and the party requesting or obtaining relief.
(2) A civil cover sheet (form 1.997) shall be completed and filed
with the clerk at the time an initial complaint or petition is filed by the party
initiating the action. If the cover sheet is not filed, the clerk shall accept the
complaint or petition for filing; but all proceedings in the action shall be abated
until a properly executed cover sheet is completed and filed. The clerk shall
complete the civil cover sheet for a party appearing pro se.
March 16, 2015
21
(3) A final disposition form (form 1.998) shall be filed with the
clerk by the prevailing party at the time of the filing of the order or judgment
which disposes of the action. If the action is settled without a court order or
judgment being entered, or dismissed by the parties, the plaintiff or petitioner
immediately shall file a final disposition form (form 1.998) with the clerk. The
clerk shall complete the final disposition form for a party appearing pro se, or
when the action is dismissed by court order for lack of prosecution pursuant to rule
1.420(e).
(d) Motion in Lieu of Scire Facias. Any relief available by scire facias
may be granted on motion after notice without the issuance of a writ of scire facias.
Committee Notes
1971 Amendment. The change requires a more complete designation of the document that is filed so that it
may be more rapidly identified. It also specifies the applicability of the subdivision to all of the various documents
that can be filed. For example, a motion to dismiss should now be entitled defendants motion to dismiss the
complaint rather than merely motion or motion to dismiss.
1972 Amendment. Subdivision (a) is amended to make a reply mandatory when a party seeks to avoid an
affirmative defense in an answer or third-party answer. It is intended to eliminate thereby the problems exemplified
by Tuggle v. Maddox, 60 So. 2d 158 (Fla. 1952), and Dickerson
So. 2d 562 (Fla. 2d DCA 1960).
v. Orange State Oil Co., 123
1992 Amendment. Subdivision (b) is amended to require all notices of hearing to specify the motions or
other matters to be heard.
2010 Amendment. Subdivision (c) is amended to address separately the caption for in rem proceedings,
including in rem forfeiture proceedings.
RULE 1.110.
GENERAL RULES OF PLEADING
(a) Forms of Pleadings. Forms of action and technical forms for seeking
relief and of pleas, pleadings, or motions are abolished.
(b) Claims for Relief. A pleading which sets forth a claim for relief,
whether an original claim, counterclaim, crossclaim, or third-party claim, must
state a cause of action and shall contain (1) a short and plain statement of the
grounds upon which the courts jurisdiction depends, unless the court already has
jurisdiction and the claim needs no new grounds of jurisdiction to support it, (2) a
short and plain statement of the ultimate facts showing that the pleader is entitled
to relief, and (3) a demand for judgment for the relief to which the pleader deems
himself or herself entitled. Relief in the alternative or of several different types
may be demanded. Every complaint shall be considered to pray for general relief.
March 16, 2015
22
(g) Joinder of Causes of Action; Consistency. A pleader may set up in

the same action as many claims or causes of action or defenses in the same right as
the pleader has, and claims for relief may be stated in the alternative if separate
items make up the cause of action, or if 2 or more causes of action are joined. A
party may also set forth 2 or more statements of a claim or defense alternatively,
either in 1 count or defense or in separate counts or defenses. When 2 or more
statements are made in the alternative and 1 of them, if made independently, would
be sufficient, the pleading is not made insufficient by the insufficiency of 1 or
more of the alternative statements. A party may also state as many separate claims
or defenses as that party has, regardless of consistency and whether based on legal
or equitable grounds or both. All pleadings shall be construed so as to do
substantial justice.
(h) Subsequent Pleadings. When the nature of an action permits
pleadings subsequent to final judgment and the jurisdiction of the court over the
parties has not terminated, the initial pleading subsequent to final judgment shall
be designated a supplemental complaint or petition. The action shall then proceed
in the same manner and time as though the supplemental complaint or petition
were the initial pleading in the action, including the issuance of any needed
process. This subdivision shall not apply to proceedings that may be initiated by
motion under these rules.
Committee Notes
1971 Amendment. Subdivision (h) is added to cover a situation usually arising in divorce judgment
modifications, supplemental declaratory relief actions, or trust supervision. When any subsequent proceeding results
in a pleading in the strict technical sense under rule 1.100(a), response by opposing parties will follow in the same
course as though the new pleading were the initial pleading in the action. The time for answering and authority for
defenses under rule 1.140 will apply. The last sentence exempts post judgment motions under rules 1.480(c), 1.530,
and 1.540, and similar proceedings from its purview.
2014 Amendment. The last two paragraphs of rule 1.110(b) regarding pleading requirements for certain
mortgage foreclosure actions were deleted and incorporated in new rule 1.115.
RULE 1.115.
PLEADING MORTGAGE FORECLOSURES
(a) Claim for Relief. A claim for relief that seeks to foreclose a mortgage
or other lien on residential real property, including individual units of
condominiums and cooperatives designed principally for occupation by one to four
families which secures a promissory note, must: (1) contain affirmative allegations
expressly made by the claimant at the time the proceeding is commenced that the
claimant is the holder of the original note secured by the mortgage; or (2) allege
March 16, 2015
24
with specificity the factual basis by which the claimant is a person entitled to
enforce the note under section 673.3011, Florida Statutes.
(b) Delegated Claim for Relief. If a claimant has been delegated the
authority to institute a mortgage foreclosure action on behalf of the person entitled
to enforce the note, the claim for relief shall describe the authority of the claimant
and identify with specificity the document that grants the claimant the authority to
act on behalf of the person entitled to enforce the note. The term original note or
original promissory note means the signed or executed promissory note rather
than a copy of it. The term includes any renewal, replacement, consolidation, or
amended and restated note or instrument given in renewal, replacement, or
substitution for a previous promissory note. The term also includes a transferrable
record, as defined by the Uniform Electronic Transaction Act in section
668.50(16), Florida Statutes.
(c) Possession of Original Promissory Note. If the claimant is in
possession of the original promissory note, the claimant must file under penalty of
perjury a certification contemporaneously with the filing of the claim for relief for
foreclosure that the claimant is in possession of the original promissory note. The
certification must set forth the location of the note, the name and title of the
individual giving the certification, the name of the person who personally verified
such possession, and the time and date on which the possession was verified.
Correct copies of the note and all allonges to the note must be attached to the
certification. The original note and the allonges must be filed with the court before
the entry of any judgment of foreclosure or judgment on the note.
(d) Lost, Destroyed, or Stolen Instrument. If the claimant seeks to
enforce a lost, destroyed, or stolen instrument, an affidavit executed under penalty
of perjury must be attached to the claim for relief. The affidavit must: (1) detail a
clear chain of all endorsements, transfers, or assignments of the promissory note
that is the subject of the action; (2) set forth facts showing that the claimant is
entitled to enforce a lost, destroyed, or stolen instrument pursuant to section
673.3091, Florida Statutes; and (3) include as exhibits to the affidavit such copies
of the note and the allonges to the note, audit reports showing receipt of the
original note, or other evidence of the acquisition, ownership, and possession of the
note as may be available to the claimant. Adequate protection as required under
section 673.3091(2), Florida Statutes, shall be provided before the entry of final
judgment.
March 16, 2015
25
(e) Verification. When filing an action for foreclosure on a mortgage for

residential real property the claim for relief shall be verified by the claimant
seeking to foreclose the mortgage. When verification of a document is required,
the document filed shall include an oath, affirmation, or the following statement:
Under penalties of perjury, I declare that I have read the foregoing, and the
facts alleged therein are true and correct to the best of my knowledge and belief.
RULE 1.120.
PLEADING SPECIAL MATTERS
(a) Capacity. It is not necessary to aver the capacity of a party to sue or

be sued, the authority of a party to sue or be sued in a representative capacity, or
the legal existence of an organized association of persons that is made a party,
except to the extent required to show the jurisdiction of the court. The initial
pleading served on behalf of a minor party shall specifically aver the age of the
minor party. When a party desires to raise an issue as to the legal existence of any
party, the capacity of any party to sue or be sued, or the authority of a party to sue
or be sued in a representative capacity, that party shall do so by specific negative
averment which shall include such supporting particulars as are peculiarly within
the pleaders knowledge.
(b) Fraud, Mistake, Condition of the Mind. In all averments of fraud or
mistake, the circumstances constituting fraud or mistake shall be stated with such
particularity as the circumstances may permit. Malice, intent, knowledge, mental
attitude, and other condition of mind of a person may be averred generally.
(c) Conditions Precedent. In pleading the performance or occurrence of
conditions precedent, it is sufficient to aver generally that all conditions precedent
have been performed or have occurred. A denial of performance or occurrence
shall be made specifically and with particularity.
(d) Official Document or Act. In pleading an official document or
official act it is sufficient to aver that the document was issued or the act done in
compliance with law.
(e) Judgment or Decree. In pleading a judgment or decree of a domestic
or foreign court, a judicial or quasi-judicial tribunal, or a board or officer, it is
sufficient to aver the judgment or decree without setting forth matter showing
jurisdiction to render it.
March 16, 2015
26
(B)
for filing by other means, when the clerks office is
scheduled to close.
(5) Next Day Defined. The next day is determined by
continuing to count forward when the period is measured after an event and
backward when measured before an event.
(6)
Legal Holiday Defined. Legal holiday means
(A) the day set aside by section 110.117, Florida Statutes, for
observing New Years Day, Martin Luther King, Jr.s Birthday, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the Friday after
Thanksgiving Day, or Christmas Day, and
(B) any day observed as a holiday by the clerks office or as
designated by the chief judge.
(b) Additional Time after Service by Mail or E-mail. When a party
may or must act within a specified time after service and service is made by mail
or e-mail, 5 days are added after the period that would otherwise expire under
subdivision (a).
RULE 2.515.
SIGNATURE AND CERTIFICATES OF ATTORNEYS

AND PARTIES
(a) Attorneys Signature and Certificates. Every document of a party

represented by an attorney shall be signed by at least 1 attorney of record in that
attorneys individual name whose current record Florida Bar address, telephone
number, including area code, primary e-mail address and secondary e-mail
addresses, if any, and Florida Bar number shall be stated, and who shall be duly
licensed to practice law in Florida or who shall have received permission to appear
in the particular case as provided in rule 2.510. The attorney may be required by
the court to give the address of, and to vouch for the attorneys authority to
represent, the party. Except when otherwise specifically provided by an applicable
rule or statute, documents need not be verified or accompanied by affidavit. The
signature of an attorney shall constitute a certificate by the attorney that:
(1)
the attorney has read the document;
(2) to the best of the attorneys knowledge, information, and belief

there is good ground to support the document;
October 15, 2015
Florida Rules of Judicial Administration
Page 124 of 189
(3)
the document is not interposed for delay; and
(4) the document contains no confidential or sensitive information,

or that any such confidential or sensitive information has been properly protected
by complying with the provisions of rules 2.420 and 2.425. If a document is not
signed or is signed with intent to defeat the purpose of this rule, it may be stricken
and the action may proceed as though the document had not been served.
(b) Pro Se Litigant Signature. A party who is not represented by an
attorney shall sign any document and state the partys address and telephone
number, including area code.
(c)
Form of Signature.
(1) The signatures required on documents by subdivisions (a) and

(b) of this rule may be:
(A)
original signatures;
(B) original signatures that have been reproduced by

electronic means, such as on electronically transmitted documents or photocopied
documents;
(C) an electronic signature indicator using the /s/, s/, or
/s [name] formats authorized by the person signing a document electronically
served or filed; or
(D) any other signature format authorized by general law, so
long as the clerk where the proceeding is pending has the capability of receiving
and has obtained approval from the Supreme Court of Florida to accept pleadings
and documents with that signature format.
(2) By serving a document, or by filing a document by electronic
transmission using an attorneys assigned electronic filing credentials:
(A) that attorney certifies compliance with subdivision (a)(1)
through (a)(4) and accepts responsibility for the document for all purposes under
this rule;
(B) that attorney certifies compliance with all rules of
procedure regarding service of the document on attorneys and parties;
October 15, 2015
Page 125 of 189
(C) that attorney certifies that every person identified as a

signer in the document as described in subdivision (c)(1)(C) has authorized such
signature; and
(D) every signing attorney is as responsible for the document
as if that document had been served by such signing attorney or filed using the
assigned electronic filing credentials of such signing attorney.
RULE 2.516.
SERVICE OF PLEADINGS AND DOCUMENTS
(a) Service; When Required. Unless the court otherwise orders, or a

statute or supreme court administrative order specifies a different means of service,
every pleading subsequent to the initial pleading and every other document filed in
any court proceeding, except applications for witness subpoenas and documents
served by formal notice or required to be served in the manner provided for service
of formal notice, must be served in accordance with this rule on each party. No
service need be made on parties against whom a default has been entered, except
that pleadings asserting new or additional claims against them must be served in
the manner provided for service of summons.
(b) Service; How Made. When service is required or permitted to be
made upon a party represented by an attorney, service must be made upon the
attorney unless service upon the party is ordered by the court.
(1) Service by Electronic Mail (e-mail). All documents
required or permitted to be served on another party must be served by e-mail,
unless the parties otherwise stipulate or this rule otherwise provides. A filer of an
electronic document has complied with this subdivision if the Florida Courts efiling Portal (Portal) or other authorized electronic filing system with a supreme
court approved electronic service system (e-Service system) served the
document by e-mail or provided a link by e-mail to the document on a website
maintained by a clerk (e-Service). The filer of an electronic document must
verify that the Portal or other e-Service system uses the names and e-mail
addresses provided by the parties pursuant to subdivision (b)(1)(A).
(A) Service on Attorneys. Upon appearing in a proceeding,
an attorney must designate a primary e-mail address and may designate no more
than two secondary e-mail addresses and is responsible for the accuracy of and
changes to that attorneys own e-mail addresses maintained by the Portal or other
e-Service system. Thereafter, service must be directed to all designated e-mail
October 15, 2015
Page 126 of 189
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Curtis Alan Wilson

Member in Good Standing
Bar Number:
77669
Mail Address:
McCalla Raymer, LLC.

225 E Robinson St Ste 660
Orlando, FL 32801-4321
United States
Office: 407-674-1850 x2915
Email:
MRService@mccallaraymer.com
Personal Bar URL:
www.floridabar.org/mybarprofile/77669
Eligible to Practice Law in Florida
vCard:
County:
Orange
Circuit:
Admitted:
04/20/2010
Young Lawyers
Division:
Member
10-Year Discipline
History:
None
Law School:
Florida Coastal School of Law, 2009
Sections:
Young Lawyers
Federal Courts:
U.S. Court of Appeals for the Eleventh Circuit

U.S. District Court, Middle District of Florida
U.S. District Court, Northern District of Florida
Firm:
McCalla Raymer, LLC.
Firm Size:
51 to 100
Firm Position:
Associate
Firm Website:
www.McCallaRaymer.com
The Find a Lawyer directory is provided as a public service. The Florida Bar maintains limited basic information about attorneys licensed to practice in the state (e.g., name, address, year of
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Danielle Nicole Parsons

Bar Number:
29364
Mail Address:
333 Canoe Trail Ln

United States
Office: 321-960-1600
Cell: 321-960-1600
Email:
dnparsons33@gmail.com
Personal Bar URL:
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vCard:
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Sections:
Young Lawyers
Real Property, Probate Law
Federal Courts:
Florida Middle District Bankruptcy Court

Florida Northern District Bankruptcy Court
Florida Southern District Bankruptcy Court
U.S. District Court, Southern District of Florida
Firm Size:
51 to 100
Firm Position:
Associate
2/19/2016 4:13 PM
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Danielle Nicole Parsons

Bar Number:

29364
Address:
225 E Robinson St Ste 660
United States
Phone:
407-674-1850
Fax:
321-248-0420
Email:
mrservice@mccallaraymer.com
vCard:
County:
Orange
Circuit:
Admitted:
10/09/2006
Young Lawyers
Division:
Member
10-Year Discipline
History:
None
Law School:
University at Buffalo Law School, The State University of New York
Graduation Year:
2006
Degree:
Doctor of Jurisprudence/Juris Doctor
Firm:
McCalla Raymer
Firm Size:
51 to 100
Position:
Associate
Federal Courts:

U.S. District Court, Southern District of Florida
Florida Middle District Bankruptcy Court
Florida Northern District Bankruptcy Court
Florida Southern District Bankruptcy Court
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Brad King State Attorney Request Criminal Prosecution Feb-23-2016

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VIA UPS No.

February 23, 2016

Brad King, State Attorney

Marion County Case No. 2013-CA-115, FL Fifth Judicial Circuit; 42-2013CA000115-CAAXXX

Brad King, State Attorney

Thank you in advance for the courtesy of a response.

UPS Internet Shipping: View/Print Label

"Greg Harrell" <gharrell@marioncountyclerk.org>

VIA Email: Ellspermann@marioncountyclerk.org

February 22, 2016

"Neil Gillespie" <neilgillespie@mfi.net>

"Neil Gillespie" <neilgillespie@mfi.net>

This is a receipt for the mail you sent to

VIA Email: BKing@sao5.org

February 19, 2016

Brad King, State Attorney

Marion County Case No. 2013-CA-115, FL Fifth Judicial Circuit; 42-2013CA000115-CAAXXX

Brad King, State Attorney

February 19, 2016

Thank you in advance for the courtesy of a response.

Ps. Is this the correct link to your website? http://jud5.flcourts.org/

"Neil Gillespie" <neilgillespie@mfi.net>

Brad King, State Attorney

Rule 2.515. Signature and Certificates of Attorneys

Thank you in advance for the courtesy of a response.

The 2015 Florida Statutes

Copyright 1995-2016 The Florida Legislature Privacy Statement Contact Us

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The 2015 Florida Statutes

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IN THE CIRCUIT COURT FOR THE FIFTH JUDICIAL CIRCUIT

OF THE STATE OF FLORIDA

ADMINISTRATIVE ORDER NO. A-2015-24

ADMINISTRATIVE ORDER ASSIGNING A SENIOR JUDGE TO THE BACKLOG

FORECLOSURE DOCKET IN MARION COUNTY

ADMINISTRATIVE ORDER A2014-31 IS HEREBY RESCINDED.

Chief Judge, Fifth Judicial Circuit

Electronically Filed 12/16/2013 04:30:38 PM ET

IN THE SUPREME COURT OF FLORIDA

CASE NO.: SC13-

FAST-TRACK AMENDMENTS TO CONFORM TO

Form 1.944(d). This new form is an order to show cause, to be issued

Respectfully submitted December 16, 2013.

/s/ Thomas H. Bateman, III

/s/ John F. Harkness, Jr.

Certification of Font-size and Read-Against

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Civil procedure rule amendments dealing with foreclosure actions

Executed on this ..(date)..

FORM 1.944(b). MORTGAGE FORECLOSURE

3. Plaintiff is not in possession of the note but is entitled to enforce it.

4. (select a, b, c, or d) Plaintiff cannot reasonably obtain possession of the note because

(a) the note was destroyed.

(b) the note is lost.

7. The property is now owned by defendant who holds possession.