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Where is the Note?

Posted by attorney Ray Garcia

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Pursuant to Florida Rules of Civil Procedure, all evidence upon which the bank relies to establish ownership of the note and mortgage, must be served upon all parties twenty days prior to the hearing on the Final Judgment of Foreclosure. In South Florida, specifically Miami-Dade and Broward counties, these procedural safeguards are consistently violated by banks. However in, Verrizzio v. Bank of New York, the Second District Court of Appeals of Florida held that these sloppy and loose procedural practices are not to be tolerated.

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