COLLINS ASSET GROUP, LLC, APPELLANT,
v.
AURORA LOAN SERVICES, LLC, FRANK BOSIER, ET AL., APPELLEE
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Collins Asset Group appeals a trial court order denying its Motion to Substitute Party Plaintiff and Motion for Entry of Deficiency Judgment. The appellate court reversed, finding the motion was facially sufficient and the trial court improperly applied pleading requirements for foreclosure complaints.
The trial court erred in denying the facially sufficient motion. The court improperly applied pleading requirements from Florida Rule 1.115(c), which govern foreclosure complaints requiring note attachments and verification, to a motion to substitute party plaintiff that is not subject to those requirements.
[1] A trial court errs by summarily denying a motion to substitute a party plaintiff and enter a deficiency judgment when the motion is facially sufficient.
[2] A motion to substitute a party plaintiff and enter a deficiency judgment is not subject to the pleading requirements of rule 1.115(c), Florida Rules of Civil Procedure, u…
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Join FLexlaw to unlock all legal intelligence“the motion was facially sufficient. Second, the trial court erroneously applied the pleading requirements of rule 1.115(c), Florida Rules of Civil Procedure. That is, the motion before the court was not a complaint for foreclosure that would require the note to be attached or for it be verified.”
Establishes the two-part error: the motion was sufficient and should not be evaluated under foreclosure complaint pleading standards
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Join FLexlaw to unlock all legal intelligenceCollins Asset Group filed a Motion to Substitute Party Plaintiff and Motion for Entry of Deficiency Judgment in a case involving a certificate of titl…
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Appellant Collins Asset Group, LLC appeals an order denying its Motion to Substitute Party Plaintiff and Motion for Entry of Deficiency Judgment. This case is similar to Collins Asset Group, LLC v. Prop. Asset Mgmt, Inc., 197 So.3d 87, 88 (Fla. 1st DCA 2016), involving a challenge to the trial court’s Order on Motion to Substitute Party Plaintiff and Motion for Entry of Deficiency Judgment. In that case, Appellant Collins Asset Group filed a Motion to Substitute Party Plaintiff and Motion for Entry of Deficiency Judgment, but the trial court summarily denied the motion with an order that contained the following language: “Plaintiffs motion is hereby DENIED on the basis of lack of standing in that Certificate of Title was issued to Property Management, Inc., and no document or verified pleading has been filed to indicate transfer of judgment.” This Court reversed and remanded the case for further proceedings, finding that the trial court erred in two ways. First, the motion was facially sufficient. Second, the trial court erroneously applied the *1162pleading requirements of rule 1.115(c), Florida Rules of Givil Procedure. That is, the motion before the court was not a complaint for foreclosure that would require the note to be attached or for it be verified.
■ The motion here contains the same facts and assertions, the only differences are the defendant/appellee, the relevant dates, and the dollar amounts. So the order here suffers from one of the same problems: it denied a facially sufficient motion. Accordingly, the order is reversed and the case is remanded for further proceedings.
REVERSED and REMANDED.
RAY, MAKAR, and OSTERHAUS, JJ., concur.
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Citator
Authorities Cited
- Collins Asset Grp., LLC v. Prop. Asset Mgmt., Inc., 197 So. 3d 87 (Fla. 1st DCA 2016)