FL H0271

Authorizes lienholders to submit documents filed by defendants under penalty of perjury in bankruptcy cases as admissions in foreclosure actions.

Creates a rebuttable presumption that a defendant has waived foreclosure defenses if the lienholder submits bankruptcy documents showing the defendant's intention to surrender property, no withdrawal of that intention, and a final bankruptcy order discharging debts or confirming a repayment plan with property surrender.

Requires courts to take judicial notice of bankruptcy case orders upon request by a lienholder, pursuant to Florida Statute s. 90.203.

Preserves the defendant's right to raise defenses based on the lienholder's action or inaction occurring after the bankruptcy surrender document was filed.

Applies to foreclosure actions filed on or after October 1, 2018, with an effective date of October 1, 2018.