Florida Senate - 2017 COMMITTEE AMENDMENT Bill No. SB 660 Ì450290ÃÎ450290 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/06/2017 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Banking and Insurance (Passidomo) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 702.12, Florida Statutes, is created to 6 read: 7 702.12 Actions in foreclosure.— 8 (1)(a) A lienholder, in an action to foreclose a mortgage, 9 may submit any document the defendant filed in the defendant’s 10 bankruptcy case under penalty of perjury for use as an admission 11 by the defendant. 12 (b) The lienholder’s entry of a document the defendant 13 filed in the defendant’s bankruptcy case which evidences 14 intention to surrender to the lienholder the property that is 15 the subject of the foreclosure, which document has not been 16 withdrawn by the defendant, together with the submission of a 17 final order entered in the bankruptcy case which discharges the 18 defendant’s debts or confirms the defendant’s repayment plan 19 which intention is contained therein, creates a rebuttable 20 presumption that the defendant has waived any defenses to the 21 foreclosure. 22 (2) In addition to a request set forth in s. 90.203, the 23 lienholder may request that the court take judicial notice of 24 any final order entered in a bankruptcy case. 25 (3) This section does not preclude the defendant in a 26 foreclosure action from raising a defense based upon the 27 lienholder’s action or inaction subsequent to the filing of the 28 document filed in the bankruptcy case which evidenced the 29 defendant’s intention to surrender the mortgaged property to the 30 lienholder. 31 (4) This section applies to any foreclosure action filed on 32 or after October 1, 2017. 33 Section 2. This act shall take effect October 1, 2017. 34 35 ================= T I T L E A M E N D M E N T ================ 36 And the title is amended as follows: 37 Delete everything before the enacting clause 38 and insert: 39 A bill to be entitled 40 An act relating to bankruptcy matters in foreclosure 41 proceedings; creating s. 702.12, F.S.; authorizing 42 lienholders to use certain documents as an admission 43 in an action to foreclose a mortgage; providing that 44 submission of certain documents in a foreclosure 45 action creates a rebuttable presumption; authorizing 46 lienholders to make a request for judicial notice of 47 final orders entered in bankruptcy cases; providing 48 construction; providing applicability; providing an 49 effective date.