Last updated: 5/19/2015
Certificate Of Plaintiffs Counsel Regarding Origination Of Note And Mortgage {Form A}
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Description
IN THE TWELFTH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR_____________________COUNTY [Name of Plaintiff] Plaintiff, VS. Case No.: Case No.: XX-XXXX-CA-XXXXXX DIVISION: DIVISION: __________ [Names of Defendant(s)] Defendant(s) FORM "A" Revised September 20, 2012 (Pursuant to 12th Circuit Residential Mortgage Mediation Administrative Order) Certificate of Plaintiff's Counsel Regarding Origination of Note and Mortgage and Identification of Borrowers on the Note Plaintiff's counsel certifies the origination of the note and mortgage sued upon in this action ____ WAS or ________ WAS NOT subject to the provisions of the federal Truth in Lending Act, Regulation Z. The undersigned certifies the following are all the persons who are borrowers on the note which is secured by the mortgage being foreclosed (list names and contact information for all borrowers): Borrowers' names: Borrowers' last known mailing addresses: Borrowers' email addresses: Borrowers' phone number(s) (REQUIRED): CI Attached to this form is a list of financial documents plaintiff requests from borrowers. These are in addition to the documents the borrowers are required to produce that are listed in the RMM Program Order of Referral (Form D-1). Certificate of Plaintiff's Counsel Regarding Status of Residential Property Counsel for plaintiff certifies the property that is the subject matter of this lawsuit _______ IS or _________ IS NOT a residential property. A "residential property" means real property that now or at any time since origination of the loan has been occupied by one or more persons as a place of abode and which may be homestead or non-homestead property. Certificate of Plaintiff's Counsel Regarding Pre-Suit Mediation Plaintiff's counsel certifies as follows: The lender and all borrowers in this case have participated in pre-suit mediation regarding the property that is the subject of the complaint using the RMM Program or participated in any other pre-suit mediation requiring the exchange of mortgage related information, the use of Florida Supreme Court certified circuit civil mediators specially trained to mediate residential mortgage foreclosure actions and the program coordination by an American LegalNet, Inc. www.FormsWorkFlow.com independent program manager. Yes: _______ ; No: _____ ; Unknown: ________ ; If Yes, state the date(s) the pre-suit mediation occurred: _____________________________________ If No or Unknown, plaintiff is obligated to remit to the Program Manager the mediation fee referred to in the administrative order. Certificate of Plaintiff's Counsel Regarding Plaintiff's Representative at Mediation For those cases where pre-suit mediation has not occurred, plaintiff's counsel certifies the following is a list of plaintiff's representatives, one of whom will review the borrower's documents prior to mediation and appear on behalf of the plaintiff in mediation with full authority to settle the foreclosure case, including, but not limited to, authority to approve loan modifications, consent to borrower refinancing or short sales, to authorize deeds in lieu of foreclosure, and consent to waivers of deficiencies and to consent to other workout options and who is invested with authority to sign a settlement agreement on behalf of the plaintiff (list name, address, phone number, facsimile number, and email address): Plaintiff's counsel understands the mediator or the RMM Program Manager may report to the court who appears at mediation and, if at least one of plaintiff's representatives named above does not appear at mediation, sanctions may be imposed by the court for failure to appear. Designation of Single Contact to Confirm Receipt of Borrower's Financial Material in Cases Referred to a Program Mediator In all cases referred to a Program Mediator Plaintiff shall designate a SINGLE PERSON to receive financial documents submitted by borrower, and to promptly confirm receipt of such documentation with Program Manager before mediation will be scheduled. State name, address, phone number, facsimile number, and email address of one person designated to receive borrower's financial documentation: MEDIATION WILL NOT BE SCHEDULED UNTIL PLAINTIFF CONFIRMS WITH THE PROGRAM MANAGER ITS RECEIPT OF BORROWER'S DOCUMENTATION. NO CHANGE IN THIS DESIGNATION IS PERMITTED WITHOUT PRIOR NOTICE TO AND APPROVAL OF THE PROGRAM MANAGER. As required by the Administrative Order, plaintiff's counsel will transmit electronically to the RMM Program Manager the case number of this action, any supplemental contact information regarding the parties, and a copy of this Form A, using the approved web-enabled information platform. Certification Regarding Service by Email The undersigned attorney AGREES ________ ; DOES NOT AGREE _______ ; to service of papers and pleadings relating to this case by email. If agreed, the following address should be used: Certification of Form A Accuracy The undersigned attorney certifies to the court that he or she has reviewed the information American LegalNet, Inc. www.FormsWorkFlow.com contained in Form A and that it is true and correct. Date: (Signature of Plaintiff's Counsel) [Printed name, address, phone number and Fla. Bar No.] American LegalNet, Inc. www.FormsWorkFlow.com