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FL S2270
Bill
Status
4/30/2010
Primary Sponsor
Michael Bennett
Click for details
AI Summary
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Creates the "Nonjudicial Foreclosure Act for Nonhomestead Properties" establishing a comprehensive statutory framework for nonjudicial foreclosure of security interests in nonhomestead real and personal property in Florida.
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Requires secured creditors to provide notice of default with opportunity to cure (30 days for monetary defaults, 90 days for non-monetary defaults), followed by recorded notice of foreclosure before proceeding with three foreclosure methods: auction, negotiated sale, or appraisal.
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Establishes detailed procedures for each foreclosure method including advertising requirements, bidding processes, deposit and payment terms, and deed recording, with foreclosure timelines of 90 days to 1 year after notice recording.
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Allows residential debtors to request pre-foreclosure meetings with creditor representatives to object to foreclosure and provides exemptions from deficiency judgments for residential debtors on purchase-money mortgages who act in good faith.
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Permits judicial intervention before foreclosure for violations of the act or equity principles, limits post-foreclosure challenges to 3 years for damages and 1 year to set aside foreclosure, and applies proceeds in specified priority order to expenses, secured debt, subordinate liens, and remaining collateral owners.
Legislative Description
Foreclosure Proceedings for Nonhomestead Property [CPSC]
Last Action
Died in Committee on Banking and Insurance
4/30/2010