Fla. R. Civ. P. Form 1.944(b)

(When location of original note unknown)

COMPLAINT

Plaintiff, ABC, sues defendant, XYZ, and states:

1. This is an action to foreclose a mortgage on real property in..........

County, Florida.

2. On.....(date)....., defendant executed and delivered a promissory

note and a mortgage securing the payment of said note to.....(plaintiff or

plaintiff’s predecessor)...... The mortgage was recorded on.....(date)....., in

Official Records Book.......... at page.......... of the public records of..........

County, Florida, and mortgaged the property described therein which was then

owned by and in possession of the mortgagor. A copy of the mortgage and note

are attached to the affidavit which is attached hereto as Composite Exhibit “1”;

the contents of the affidavit are specifically incorporated by reference.

3. Plaintiff is not in possession of the note but is entitled to enforce it.

4. (select a, b, c, or d) Plaintiff cannot reasonably obtain possession of

the note because

(a) the note was destroyed.

(b) the note is lost.

(c) the note is in the wrongful possession of an unknown

person.

(d) the note is in the wrongful possession of a person that

cannot be found or is not amenable to service of process.

5. (select a, b, c, d, e, or f)

(a) When loss of possession occurred, plaintiff was the holder of

the original note secured by the mortgage.

(b) When loss of possession occurred, plaintiff was a person

entitled to enforce the note under applicable law because.....(allege specific

facts)......

(c) Plaintiff has directly or indirectly acquired ownership of the

note from a person entitled to enforce the note when loss of possession

occurred as follows: .....(allege facts as to transfer of ownership)......

(d) Plaintiff has been delegated the authority to institute a

mortgage foreclosure action on behalf of the holder of the original note who lost

possession of the note. The document(s) that grant(s) plaintiff the authority to

act on behalf of the person entitled to enforce the note is/are as follows..........

(attach documents if not already attached).

(e) Plaintiff has been delegated the authority to institute a

mortgage foreclosure action on behalf of the person entitled to enforce the note

when loss of possession occurred because.....(allege specific facts)...... The

document(s) that grant(s) plaintiff the authority to act on behalf of the person

entitled to enforce the note is/are as follows.......... (attach documents if not

already attached).

(f) Plaintiff has been delegated the authority to institute a

mortgage foreclosure action on behalf of the person or entity who directly or

indirectly acquired ownership of the note from a person entitled to enforce the

note when loss of possession occurred, as follows: .....(allege specific facts)......

the document(s) that grant(s) plaintiff the authority to act on behalf of the

person entitled to enforce the note is/are as follows.......... (attach documents

if not already attached).

6. Plaintiff did not transfer the note or lose possession of it as the

result of a lawful seizure.

7. The property is now owned by defendant who holds possession.

8. Defendant has defaulted under the note and mortgage by failing to

pay the payment(s) due..…(date(s))….. , and all subsequent payments …..

(identify other defaults as applicable)……

9. Plaintiff declares the full amount payable under the note and

mortgage to be due.

10. Defendant owes plaintiff $......... that is due on principal on the

note and mortgage, interest from.....(date)....., and title search expense for

ascertaining necessary parties to this action.

11. Plaintiff is obligated to pay its attorneys a reasonable fee for their

services. Plaintiff is entitled to recover its attorneys’ fees for prosecuting this

claim pursuant to.....(identify statutory and/or contractual bases, as

applicable)......

WHEREFORE, Plaintiff demands judgment re-establishing the

promissory note, determining the amount and nature of adequate protection to

be required by sections 673.3091(2) and 702.11, Florida Statutes, foreclosing

the mortgage, for costs (and, where applicable, for attorneys’ fees), and if the

proceeds of the sale are insufficient to pay plaintiff’s claim, a deficiency

judgment.

NOTE: An action for foreclosure of a mortgage on residential real

property must contain an oath, affirmation, or the following statement as

required by rule 1.115(e).

VERIFICATION

Under penalty 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.

Executed on.....(date)......

(Person Signing Verification)

*****

AFFIDAVIT OF COMPLIANCE

STATE OF FLORIDA

COUNTY OF ………..

BEFORE ME, the undersigned authority, personally appeared

.....(name)....., who, after being first duly sworn, deposes and states, under

penalty of perjury:

1. I am the plaintiff (or plaintiff’s..........) (identify relationship to

plaintiff).

I am executing this affidavit in support of plaintiff’s Complaint against

defendant and I have personal knowledge of the matters set forth herein.

2. On.....(date)..... , the public records reflect that defendant executed

and delivered a mortgage securing the payment of the note to

.....(plaintiff/plaintiff’s predecessor)...... The mortgage was recorded on

.....(date)..... , in Official Records Book.......... at page.......... of the public

records of.......... County, Florida, and mortgaged the property described

therein, which was then owned by and in possession of the mortgagor, a copy

of the mortgage and the note being attached.

3. Plaintiff is not in possession of the note but is entitled to enforce it.

4. (select a, b, c, or d) Plaintiff cannot reasonably obtain possession of

the note because

(a) the note was destroyed.

(b) the note is lost.

(c) the note is in the wrongful possession of an unknown

person.

(d) the note is in the wrongful possession of a person who

cannot be found or is not amenable to service of process.

5. (select a, b, c, d, e, or f)

(a) When loss of possession occurred, plaintiff was the holder of

the original note secured by the mortgage.

(b) When loss of possession occurred, plaintiff was a person

entitled to enforce the note under applicable law because.....(allege specific

facts)......

(c) Plaintiff has directly or indirectly acquired ownership of the

note from a person entitled to enforce the note when loss of possession

occurred as follows: .....(allege facts regarding transfer of ownership)......

(d) Plaintiff has been delegated the authority to institute a

mortgage foreclosure action on behalf of the holder of the original note who lost

possession of the note. The document(s) that grant(s) plaintiff the authority to

act on behalf of the person entitled to enforce the note is/are as follows...........

(attach copy of document(s) or relevant portion(s) of the document(s)).

(e) Plaintiff has been delegated the authority to institute a

mortgage foreclosure action on behalf of the person entitled to enforce the

original note when loss of possession occurred, because.....(allege specific

facts)...... The document(s) that grant(s) plaintiff the authority to act on behalf

of the person entitled to enforce the note is/are as follows.......... (attach

documents if not already attached).

(f) Plaintiff has been delegated the authority to institute a

mortgage foreclosure action on behalf of the person or entity who directly or

indirectly acquired ownership of the note from a person entitled to enforce the

original note when loss of possession occurred, as follows.....(allege specific

facts)...... The document(s) that grant(s) plaintiff the authority to act on behalf

of the person entitled to enforce the note is/are as follows.......... (attach

documents if not already attached).

6. Below is the clear chain of the endorsements, transfers, allonges or

assignments of the note and all documents that evidence same as are available

to Plaintiff: .....(identify in chronological order all endorsements, transfers,

assignments of, allonges to, the note or other evidence of the acquisition,

ownership and possession of the note)...... Correct copies of the foregoing

documents are attached to this affidavit.

7. Plaintiff did not transfer the note or lose possession of it as the

result of a lawful seizure.

FURTHER, AFFIANT SAYETH NAUGHT.

[signature]

……….

[typed or printed name of affiant]

STATE OF FLORIDA

BEFORE ME, the undersigned authority appeared.....(name of

affiant)....., who.....is personally known to me or..... produced identification

….. and acknowledged that he/she executed the foregoing instrument for the

purposes expressed therein and who did take an oath.

WITNESS my hand and seal in the State and County aforesaid, this

.....(date)......

NOTARY PUBLIC, State of Florida

Print Name: ……….

Commission Expires:……….