As many of you may have heard, the Florida Supreme Court Recently came out with  a new rule requiring any party seeking to foreclose on a residential property to file VERIFIED Pleadings. The rule states that all allegations in the pleadings are to be true to the best of the knowledge of the representative of the party are true.  This rule was issued on February 11, 2010, and predictably the banks are doing all that they can to weasel out of it.  I really shouldn't use the term weasel, it gives weasels a bad name they don't deserve, but I digress. 

Currently the banks have been trying to file statements that only attest to the truth of some of the allegations in the complaint. This is clearly in violation of the Florida Supreme Court's edict and it has been properly thrown out by judges.  A great example of this can be found in Manatee County where the Judge entered this great order dismissing the case and requiring the Bank to re-pay the filing fee if they wanted to foreclose.

Here's a copy of the statement that the Judge found to conflict with the new rule:

For a complete copy of the complaint and this affirmation click here

You will notice that the affiant seems to take particular care to only attest to some and not all of the allegations in the complaint.  In fact, it really misses a lot of the important allegations, such as:  

• Was a note and mortgage ever signed by the Defendants?  , or
• Do the Defendant's even own the property?

This is a great example of a Judge who both "gets it" and understands why the Florida Supreme Court made this new rule.

While reviewing these documents as preparation for writing this article,  about the latest attempts by the banks and their mill attorney's to subvert the courts,  I noticed an even bigger issue.  I apologize for the quality of this scan but can you catch it?

Yep,  the affidavit is missing a notary stamp!.  That's right! This one was not even notarized, but rather signed with a stamped signature. Even better, the while it's hard to see here, the signature is actually a stamp!

The moral, just because your bank says nasty things on the phone and an attorney files a piece of paper, that does not mean that they are really ready to claim that what they are saying is true, and if you look closely you'll see it too.