Florida Senate - 2013 SB 1226 By Senator Soto 14-00233-13 20131226__ 1 A bill to be entitled 2 An act relating to homestead foreclosure relief; 3 providing for application to homestead property 4 mortgaged within a certain time period; providing a 5 statute of limitations for entering a deficiency 6 judgment; limiting the time period the lienholder can 7 collect moneys owed; providing that the collection 8 time may be tolled if the debtor commits fraud or if 9 the debtor is held in contempt of court; providing an 10 effective date. 11 12 WHEREAS, real estate in Florida entered a rapid and 13 unnatural state of appreciation during the years between 2004 14 through 2008, and 15 WHEREAS, Florida has experienced a real estate crisis 16 consisting of high foreclosure rates and rapidly declining home 17 values, and 18 WHEREAS, Floridians owe massive mortgage debt on homes 19 already lost to foreclosure, and 20 WHEREAS, the Legislature finds the expeditious collection 21 or waiver of such mortgage debt to be a compelling government 22 interest and necessary for the protection of this state’s 23 residents and the economic recovery of the state, NOW, 24 THEREFORE, 25 26 Be It Enacted by the Legislature of the State of Florida: 27 28 Section 1. This section applies to any mortgage on 29 homestead property located in this state and entered into on 30 January 1, 2004, through December 31, 2008. 31 (1) The statute of limitations for entering a deficiency 32 judgment is: 33 (a) One year after entry of the final judgment of 34 foreclosure; or 35 (b) July 1, 2014, if the final judgment was entered before 36 July 1, 2013. 37 (2) If a deficiency judgment is entered within the statute 38 of limitations in subsection (1), the judgment holder has 2 39 years to collect all moneys owed. Equitable tolling of the 2 40 year period may be granted if a lienholder establishes fraud or 41 contempt of court by the debtor. 42 (3) A lienholder who violates this section is liable to the 43 debtor for actual damages or elimination of the lien in equity, 44 and attorney fees and costs. 45 Section 2. This act shall take effect July 1, 2013.