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FL H0471

Bill

Status

Failed

5/5/2017

Primary Sponsor

Civil Justice and Claims Subcommittee

Click for details

Origin

House of Representatives

2017 Regular Session

AI Summary

  • Creates s. 702.12, F.S., allowing lienholders to submit bankruptcy documents filed by defendants as admissions in foreclosure actions.

  • Establishes a rebuttable presumption that a defendant has waived foreclosure defenses when the lienholder submits a bankruptcy document showing intention to surrender the property, together with a final bankruptcy order discharging debts or confirming a repayment plan.

  • Authorizes lienholders to request judicial notice of any final order entered in a bankruptcy case, in addition to requests under s. 90.203.

  • Preserves defendants' right to raise defenses based on the lienholder's conduct occurring after the defendant filed the bankruptcy document indicating intent to surrender the property.

  • Applies to foreclosure actions filed on or after October 1, 2017, with an effective date of October 1, 2017.

Legislative Description

Bankruptcy Matters in Foreclosure Proceedings

Last Action

Died in Judiciary Committee

5/5/2017

Committee Referrals

Judiciary3/7/2017
Insurance And Banking Subcommittee2/28/2017
Civil Justice and Claims Subcommittee2/6/2017

Full Bill Text

No bill text available