Mortgage Foreclosure Complaint
(Location of Original Note Unknown) (FL)

Summary

This mortgage foreclosure complaint may be used by a plaintiff who does not have possession of the original mortgage note to commence a foreclosure proceeding on real property located in Florida. This template contains practical guidance and drafting notes. This template complies with Fla. R. Civ. P. Form 1.944(b), which sets forth the requirements for a complaint for use with a residential mortgage foreclosure where the plaintiff does not possess the original note. Use of this template in a commercial foreclosure can accelerate the process by allowing the plaintiff to take advantage of the show cause procedures set forth in Fla. Stat. Ann. § 702.10 and pre-empt certain defenses the defendant may raise. See the drafting notes in this template for further explanation. The complaint should be filed with the circuit court in the county where the property is located. Fla. Stat. Ann. § 26.012; Fla. Stat. Ann. § 47.011. If the mortgaged property lies in more than one county, the foreclosure may be filed in either county. Fla. Stat. Ann. § 702.04. Copies of the note and mortgage must be attached as exhibits. Fla. R. Civ. P. 1.130(c). Any instruments, including assignments, that demonstrate standing should also be attached as exhibits. Sometimes loan documents include information, such as Social Security or bank account numbers, that is confidential pursuant to Rule 2.420 of the Rules of Judicial Administration. If any of the loan documents include this information, it should be redacted prior to filing copies and if the originals must be filed, the procedure to designate this information as confidential must be followed. Fla. R. Jud. Admin. 2.420(d). For more on foreclosure proceedings in Florida see Residential Mortgage Foreclosure (FL) and Commercial Mortgage Foreclosure (FL). For a template complaint for use when the plaintiff has the original note see Mortgage Foreclosure Complaint (Location of Promissory Note Known) (FL). For additional templates see Notice of Lis Pendens (Foreclosure) (FL), Summons (Foreclosure) (FL), Final Foreclosure Judgment (Original Note in Plaintiff's Possession) (FL) and Final Foreclosure Judgment (Re-Establishment of Note) (FL).