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FL S1964

Bill

Status

Introduced

3/5/2011

Primary Sponsor

Jack Latvala

Click for details

Origin

Senate

2011 Regular Session

AI Summary

  • Establishes the "Florida Fair Foreclosure Act" with requirements for publication of foreclosure sale notices in newspapers, on newspaper websites, and on floridapublicnotice.com with specific formatting and hyperlink requirements.

  • Requires foreclosure complaints on residential one-family to four-family dwelling units to contain affirmative allegations that the plaintiff owns the note and mortgage, details a clear chain of custody, and attaches all assignments as exhibits.

  • Mandates mortgagees provide estoppel certificates within 15 days of request and cancel mortgages within 60 days of full payment; allows mortgagors to file summary proceedings to compel compliance with recovery of attorney's fees.

  • Creates an alternative foreclosure procedure for residential properties allowing lenders to proceed without a public sale if the debtor consents, abandons the property, executes a deed in lieu of foreclosure, or the nonhomestead property has no equity (total liens ≥150% of fair market value).

  • Restricts deficiency judgments on owner-occupied one-family to four-family dwelling units to amounts determined by the court based on fair market value, and requires entry of final judgment in uncontested proceedings within 45 days; caps attorney's fees at the greater of 1.5% of principal owed or $1,500.

Legislative Description

Foreclosure Proceedings

Last Action

Indefinitely postponed and withdrawn from consideration

5/7/2011

Committee Referrals

Banking and Insurance3/16/2011

Full Bill Text

No bill text available