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FL S1666
Bill
AI Summary
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Requires foreclosure complaints on residential properties (1-4 family units) to include affirmative allegations that plaintiff is the note holder or factual basis for enforcement authority, with certification of original note possession and location; authorizes court sanctions for non-compliance.
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Limits deficiency judgments on owner-occupied residential property to the difference between judgment amount and fair market value of property on date of sale; presumes property is owner-occupied if homestead exemption was granted before foreclosure filing.
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Establishes one-year statute of limitations for deficiency judgment actions on residential mortgages, commencing after certificate of title issuance or deed-in-lieu acceptance; applies to actions commenced after July 1, 2013.
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Expands expedited foreclosure procedures to allow lienholders (including HOA/condo associations) to request orders to show cause; modifies hearing requirements and default procedures; prohibits mortgagees from seeking payment or eviction orders for owner-occupied residential property.
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Allows retired judges to collect retirement benefits while returning to temporary senior judge employment (July 1, 2013 - June 30, 2016) after meeting termination requirements; restricts retired circuit/county court judge compensation to those previously serving in same court unless chief judge certifies unavailability.
Legislative Description
Mortgage Foreclosures
Last Action
Laid on Table, companion bill(s) passed, see CS/CS/HB 87 (Ch. 2013-137)
5/2/2013