Mortgage Foreclosure Complaint
(Location of Promissory Note Known) (FL)

Summary

This mortgage foreclosure complaint may be used by a plaintiff who has possession of the original promissory 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(a), which sets forth the requirements for a residential mortgage complaint where the plaintiff possesses the original note. Use of this template 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-empting 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. For more on foreclosure proceedings in Florida, see Residential Mortgage Foreclosure (FL) and Commercial Mortgage Foreclosure (FL). For a template of a complaint for use when the original note has been lost or destroyed, see Mortgage Foreclosure Complaint (Location of Original Note Unknown) (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).