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FL S1370

Bill

Status

Failed

3/8/2024

Primary Sponsor

Victor Torres

Click for details

Origin

Senate

2024 Regular Session

AI Summary

  • Creates a legal definition of "abandoned residential real property" in Florida, requiring no signs of continued occupancy plus at least three of fourteen listed indicators, such as discontinued utilities, accumulated mail, boarded-up windows, stripped materials, or accumulated debris
  • Authorizes a mortgagee in an ongoing foreclosure proceeding to file a motion asking a court to declare the residential property abandoned, supported by sworn evidence meeting a preponderance-of-the-evidence standard
  • Requires the mortgagee to serve notice on all known mortgagors and homeowners and conspicuously post notice on the property in 12-point boldface font, including a description of potential consequences such as expedited foreclosure
  • Mandates the court schedule a hearing between 15 and 25 days after notice is sent; the court must deny the motion if any mortgagor, lawful occupant, or unknown owner appears to object or files a sworn objection
  • If the property is declared abandoned, the court must immediately proceed to a foreclosure trial and, upon meeting all requirements, direct the clerk to conduct a public sale; the court must rescind any order if an owner or occupant appears before the sale and provides reasonable evidence the property is not abandoned

Legislative Description

Abandoned Residential Real Property

Last Action

Died in Banking and Insurance

3/8/2024

Full Bill Text

No bill text available