FL S1688

Creates section 702.55, F.S. requiring mortgagees or lienholders to serve homestead owners with a specific notice before foreclosure sale that informs them bankruptcy may be an alternative and warns against foreclosure "saving" schemes.

Notice must be served with original process in the same manner as the complaint, or included in published service of process, with up to 5 business days before the owner's answer is due to cure any failure to serve initially.

Failure to serve the required notice constitutes an affirmative defense for natural person homestead owners, but if timely raised and proved, limits judgment to in rem foreclosure only and bars in personam or deficiency judgments.

Amends section 56.021, F.S. to prohibit issuance of execution against natural person judgment debtors or property owners before the judgment creditor files and serves notice in the same form required by section 702.55.

Effective July 1, 2010, and applies only to foreclosure proceedings commenced and writs of execution issued on or after that date.