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CS/CS/HB 87: Mortgage Foreclosures

GENERAL BILL by Appropriations Committee ; Judiciary Committee ; Passidomo ; (CO-INTRODUCERS) Caldwell ; Cummings ; Moraitis ; Rodrigues, R.

Mortgage Foreclosures; Revises limitations period for commencing action to enforce claim of deficiency judgment after foreclosure action; provides for applicability to actions commenced on or after specified date; provides time limitation for commencing certain actions; provides legislative intent; specifies required contents of complaint seeking to foreclose on certain types of residential properties with respect to authority of plaintiff to foreclose on note & location of note; authorizes sanctions against plaintiffs who fail to comply with complaint requirements; provides for nonapplicability to proceedings involving timeshare interests; requires court to treat collateral attack on final judgment of foreclosure on mortgage as claim for monetary damages; prohibits such court from granting certain relief affecting title to foreclosed property; provides for construction relating to rights of certain persons to seek specified types of relief or pursue claims against foreclosed property; limits amount of deficiency judgment; revises class of persons authorized to move for expedited foreclosure to include lienholders; defines "lienholder"; provides requirements & procedures with respect to order directed to defendants to show cause why final judgment of foreclosure should not be entered.

Effective Date: 6/7/2013
Last Action: 6/10/2013 - Chapter No. 2013-137
Location: Became Law
Bill Text: PDF



Bill History

Date Chamber Action
1/3/2013 House • Filed
1/11/2013 House • Referred to Civil Justice Subcommittee; Justice Appropriations Subcommittee; Judiciary Committee -HJ 26
1/31/2013 House • On Committee agenda-- Civil Justice Subcommittee, 02/07/13, 8:00 am, 404 HOB
2/7/2013 House • Favorable by Civil Justice Subcommittee; YEAS 10 NAYS 3 -HJ 153
• Now in Justice Appropriations Subcommittee -HJ 153
3/4/2013 House • On Committee agenda-- Justice Appropriations Subcommittee, 03/06/13, 1:30 pm, Morris Hall
3/5/2013 House • Introduced -HJ 26
3/6/2013 House • Favorable by Justice Appropriations Subcommittee; YEAS 9 NAYS 2 -HJ 202
• Now in Judiciary Committee -HJ 202
3/12/2013 House • On Committee agenda-- Judiciary Committee, 03/14/13, 9:00 am, 404 HOB --Removed from meeting agenda
3/26/2013 House • On Committee agenda-- Judiciary Committee, 03/28/13, 10:30 am, 404 HOB
3/28/2013 House • CS by- Judiciary Committee; YEAS 12 NAYS 6 -HJ 405
4/2/2013 House • Pending review of CS -under Rule 7.19(c)
• CS by Judiciary Committee read 1st time -HJ 399
4/3/2013 House • CS referred to Appropriations Committee -HJ 413
• Now in Appropriations Committee -HJ 413
4/15/2013 House • On Committee agenda-- Appropriations Committee, 04/17/13, 8:30 am, Webster Hall
4/17/2013 House • CS/CS by- Appropriations Committee; YEAS 17 NAYS 8 -HJ 685
4/18/2013 House • Pending review of CS -under Rule 7.19(c)
• CS/CS by Appropriations Committee read 1st time -HJ 676
4/22/2013 House • Placed on Calendar -HJ 701
4/24/2013 House • Placed on Special Order Calendar, 04/26/13
4/26/2013 House • Read 2nd time -HJ 904
• Amendment(s) failed (102561) -HJ 904
• Placed on 3rd reading
4/29/2013 House • Read 3rd time -HJ 936
• CS passed; YEAS 87 NAYS 26 -HJ 936
4/29/2013 Senate • In Messages
• Referred to Banking and Insurance; Judiciary; Appropriations -SJ 784
• Received -SJ 784
5/2/2013 Senate • Withdrawn from Banking and Insurance; Judiciary; Appropriations -SJ 1017
• Placed on Calendar, on 2nd reading -SJ 1017
• Substituted for CS/CS/SB 1666 -SJ 1017
• Read 2nd time -SJ 1017
• Placed on 3rd reading
5/3/2013 Senate • Read 3rd time -SJ 1054
• CS passed; YEAS 26 NAYS 13 -SJ 1054
5/3/2013 House • Ordered enrolled -HJ 1470
5/28/2013 • Signed by Officers and presented to Governor
6/7/2013 • Approved by Governor
6/10/2013 • Chapter No. 2013-137