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FL S1666

Bill

Status

Introduced

3/2/2013

Primary Sponsor

Judiciary

Click for details

Origin

Senate

2013 Regular Session

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Appropriations4/19/2013
Judiciary3/27/2013
Banking and Insurance3/7/2013

Full Bill Text

No bill text available