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FL H0997

Bill

Status

Failed

3/8/2024

Primary Sponsor

Michael Gottlieb

Click for details

Origin

House of Representatives

2024 Regular Session

AI Summary

  • Creates s. 702.13, F.S., allowing mortgagees to file a court motion for an expedited foreclosure on residential real property determined to be abandoned, requiring a signed affidavit citing at least 3 of 14 specified indicators of abandonment (e.g., disconnected utilities, accumulated mail, boarded windows, stripped materials, accumulated debris)

  • Requires the mortgagee to deliver or mail notice to each known mortgagor and homeowner and conspicuously post a notice in 12-point boldface type on the property, including the motion details, consequences, supporting documents, and court contact information

  • Directs the court to schedule a hearing between 15 and 25 calendar days after notice is sent; if abandonment is proven by a preponderance of the evidence, the court renders a declaratory judgment and immediately proceeds to a foreclosure trial and public sale

  • Prohibits the court from granting the motion if a mortgagor, lawful occupant, or adverse possessor under s. 95.18 objects to the finding of abandonment, and allows rescission of all orders if reasonable evidence that the property is not abandoned is presented before the sale

  • Excludes properties subject to quiet title actions, probate proceedings, disputed ownership litigation, or buildings undergoing permitted construction or renovation; effective date of July 1, 2024

Legislative Description

Expedited Foreclosure Proceedings for Abandoned Real Property

Last Action

Died in Civil Justice Subcommittee

3/8/2024

Committee Referrals

Civil Justice Subcommittee1/8/2024

Full Bill Text

No bill text available