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FL H0471
Bill
Status
5/5/2017
Primary Sponsor
Civil Justice and Claims Subcommittee
Click for details
AI Summary
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Creates s. 702.12, F.S., allowing lienholders to submit bankruptcy documents filed by defendants as admissions in foreclosure actions.
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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.
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Authorizes lienholders to request judicial notice of any final order entered in a bankruptcy case, in addition to requests under s. 90.203.
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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.
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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