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FL H1149

Bill

Status

Failed

3/9/2012

Primary Sponsor

Matt Gaetz

Click for details

Origin

House of Representatives

2012 Regular Session

AI Summary

HB 1149 - Mortgage Foreclosures Summary

  • Reduces the statute of limitations for deficiency judgment claims from 5 years to 1 year after a court foreclosure sale or short sale, and bars collection attempts if not commenced within this period.

  • Limits deficiency judgment amounts to the difference between outstanding debt and fair market value of the property on the sale date, with setoffs for mortgage insurance proceeds collected by the servicer or lender.

  • Establishes expedited foreclosure procedures for abandoned residential properties, including requirements for process server attempts to locate occupants and documentation of property deterioration.

  • Requires mandatory conciliation conferences or mediation for homestead property foreclosures, with lenders obligated to provide notice and attempt settlement discussions before proceeding to judgment.

  • Mandates that owners renting foreclosed properties disclose the foreclosure status to tenants or prospective tenants, and requires plaintiffs to file supporting documents (original note, mortgages, assignments) contemporaneously with initial foreclosure complaints.

Legislative Description

Mortgage Foreclosures

Last Action

Died in Civil Justice Subcommittee

3/9/2012

Committee Referrals

Civil Justice Subcommittee1/9/2012

Full Bill Text

No bill text available