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FL S2270

Bill

Status

Failed

4/30/2010

Primary Sponsor

Michael Bennett

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Origin

Senate

2010 Regular Session

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Banking and Insurance3/4/2010

Full Bill Text

No bill text available