Fla. R. Civ. P. 1.115

Pleading Mortgage Foreclosures

sha256 9f30b24d66837d3d94d93ac7cc87cc90… · retrieved 7/11/2026, 11:08:20 AM · The Florida Bar consolidated ed. eff. 04-01-2026 · verified 7/11/2026 by founder-directive-2026-07-11

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, 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 and identified under sections
673.3091(2) and 702.11(1), 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.”

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