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FL S0220
Bill
Status
3/21/2018
Primary Sponsor
Kathleen Passidomo
Click for details
AI Summary
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Authorizes lienholders to submit documents filed under penalty of perjury in a defendant's bankruptcy case as admissions in mortgage foreclosure actions.
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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submits bankruptcy documents showing the defendant's intention to surrender the property, the documents have not been withdrawn, and a final bankruptcy order discharging debts or confirming a repayment plan including property surrender has been entered.
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Requires courts to take judicial notice of bankruptcy case orders upon request by a lienholder under Florida Statute section 90.203.
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Permits defendants to raise defenses based on the lienholder's actions or inactions occurring after the bankruptcy document showing intent to surrender was filed.
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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