therein are true and correct to the best of my knowledge and belief.” Verification on informationor belief is not permitted by law in foreclosure actions on residential real estate.
5. On February 11, 2010 by the Florida Supreme Court, pursuant to In re: Amendments tothe Florida Rules of Civil Procedure, No. SC09-1579, (Feb. 11, 2010) attached hereto anincorporated as Exhibit “A”, amended Fla. R. Civ. Pro. 1.110(b) to read[w]hen 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 shall include an oath, affirmation, or the following statement: Under penalty of perjury, I declare that I have read the foregoing, and the facts allegedtherein are true and correct to the best of my knowledge and belief.
Bold emphasis added
.6. On December 9, 2010, the Supreme Court clarified its position in Case No. SC09-1579,“In re: Amendments to the Florida Rules of Civil Procedure-Form (Final Judgment of Foreclosure)” and stated:Along with the amendments to form 1.996(a), rule 1.110(b) was amendedto require verification of mortgage foreclosure complaints involvingresidential real property. One of the primary purposes of this amendmentwas to ensure that the allegations in the complaint are accurate. In light of recent reports of alleged document fraud and forgery in mortgage foreclosurecases, this new requirement is particularly important. (At pages 2 and 3)7. Here, the attempted verification of the complaint fails to meet the strict requirements of Fla. R. Civ. P. 1.110(b). The verification is qualified by the use of the provision: “to the best of my knowledge and belief.” This is the lower standard reserved for documents and not allowedon the Complaint itself.8. Here, the verification fails as the verifying individual is not employed by Federal National Mortgage Association (hereafter “FannieMae”) and therefore lacks capacity to verify
Henry Trawick makes clear that “verification” means that the verifying party attests that thefacts alleged in the complaint are true. Trawicks Florida Practice and Procedure Sec. 6:14(Verification).
Beverette v. Graham
, 131 So. 826, 827 (Fla. 1931);
Burns v. Burns
, 174 So.2d432, 434 (Fla. 2d DCA 1965).