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FL S1820

Bill

Status

Failed

4/30/2010

Primary Sponsor

Michael Bennett

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Origin

Senate

2010 Regular Session

AI Summary

  • Establishes a 6-month statute of limitations for deficiency judgment claims filed after October 1, 2010, with claims void if not filed within 6 months of the foreclosure sale date.

  • Creates the Florida Mortgage Foreclosure Diversion Program allowing mortgagees to extend the statute of limitations to 5 years by offering mortgagors a preapproved short-sale price and binding mortgage payoff amount for 1 year.

  • Requires mortgagees to deliver a written diversion offer within 60 days of declaring a loan in default, with mortgagors having 45 days to accept and provide documentation including attorney retention, real estate broker engagement, financial hardship affidavit, and title commitment.

  • Mandates mortgagees suspend collection and foreclosure activities for a minimum of 1 year after mortgagor acceptance and provide a final payoff letter within 15 days of receiving a qualifying purchase contract, with failure to do so relieving the mortgagor of deficiency obligations.

  • Requires mortgagors participating in the program to waive the right to discharge deficiency judgments in bankruptcy for 24 months and waive garnishment exemptions in exchange for the mortgagee's binding short-sale commitment.

Legislative Description

Mortgage Foreclosures [CPSC]

Last Action

Died in Committee on Banking and Insurance

4/30/2010

Committee Referrals

Banking and Insurance2/17/2010

Full Bill Text

No bill text available