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FL S0220

Bill

Status

Passed

3/21/2018

Primary Sponsor

Kathleen Passidomo

Click for details

Origin

Senate

2018 Regular Session

AI Summary

  • Authorizes lienholders to submit documents filed under penalty of perjury in a defendant's bankruptcy case as admissions in mortgage foreclosure actions.

  • Creates a rebuttable presumption that a defendant has waived foreclosure defenses when a lienholder submits bankruptcy documents showing the defendant's intention to surrender the property, the documents have not been withdrawn, and a final bankruptcy order discharging debts or confirming a repayment plan including property surrender has been entered.

  • Requires courts to take judicial notice of bankruptcy case orders upon request by a lienholder under Florida Statute section 90.203.

  • Permits defendants to raise defenses based on the lienholder's actions or inactions occurring after the bankruptcy document showing intent to surrender was filed.

  • Applies to foreclosure actions filed on or after October 1, 2018.

Legislative Description

Bankruptcy Matters in Foreclosure Proceedings

Last Action

Chapter No. 2018-15

3/21/2018

Committee Referrals

Rules12/6/2017
Judiciary11/7/2017
Banking and Insurance9/22/2017

Full Bill Text

No bill text available