Posted on Wednesday, May 5, 2010
A recent case regarding the service and filing of evidence in a Florida foreclosure matter relied upon in a Motion for Summary Judgment.
The Second DCA held that Rule 1.510(c), which requires all evidence to be served (and possibly even filed with the Court) at least 20 days before the hearing, includes service of the ORIGINAL Note and Mortgage if the plaintiff intends to rely upon those documents in support of its MSJ. In this particular case, there were other factors at play (i.e., the fact that key documents including an assignment of the mortgage & copy of Note had not been attached to the Complaint).
Because of this case, a defendant may try to use it as a way to stall entry of summary judgment if the Original Loan Documents were not served 20 days before the hearing. Many bank lawyers are in the practice of simply bringing the Original Loan Documents to the Summary Judgment hearing and tendering them to the Court at that time.
Based on this case, it may be a better practice to file and service copies of them 20 days (or 25 days in some counties based on the requirements of some counties) prior to the hearing.