Florida Senate - 2017 SB 660 By Senator Passidomo 28-00637-17 2017660__ 1 A bill to be entitled 2 An act relating to foreclosure proceedings; creating 3 s. 702.12, F.S.; authorizing a lienholder to submit 4 specified documents in a foreclosure proceeding as 5 evidence of an admission by a defendant; authorizing 6 the lienholder to request that the court take judicial 7 notice of a final order entered in a bankruptcy case; 8 providing that the submission of certain documents 9 creates specified rebuttable presumptions under 10 certain circumstances; specifying that certain 11 defenses are not precluded by this act; providing an 12 effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Section 702.12, Florida Statutes, is created to 17 read: 18 702.12 Evidence concerning foreclosure proceedings.— 19 (1) A lienholder in an action to foreclose its mortgage may 20 use as an admission by the defendant in the foreclosure 21 proceeding any document that the defendant filed under penalty 22 of perjury in a bankruptcy proceeding. In addition to the 23 matters identified in s. 90.202, the lienholder may also request 24 that the court take judicial notice of any final order entered 25 in the bankruptcy proceeding. 26 (2) The lienholder’s submission in such foreclosure 27 proceeding of any document that the defendant filed in the 28 bankruptcy proceeding which evidences an intention to surrender 29 to the lienholder the property that is the subject of the 30 foreclosure proceeding and which document has not been withdrawn 31 by the defendant, together with a final order entered in the 32 bankruptcy proceeding either discharging the defendant’s debts 33 or confirming the defendant’s repayment plan in which such 34 intention is contained, creates a rebuttable presumption that 35 the defendant has: 36 (a) Surrendered to the lienholder the defendant’s interest 37 in the mortgaged property that is the subject of such 38 foreclosure proceeding; and 39 (b) Has waived any defenses to the foreclosure of the 40 mortgage or lien that is the subject of the foreclosure 41 proceeding and which was the subject of the document filed in 42 the bankruptcy proceeding evidencing the defendant’s intention 43 to surrender the mortgaged property to the lienholder. 44 (3) This section does not preclude a defendant in a 45 foreclosure proceeding from raising a defense based upon the 46 lienholder’s conduct subsequent to the filing of the document in 47 the bankruptcy proceeding which evidenced the defendant’s 48 intention to surrender the mortgaged property to the lienholder. 49 Section 2. This act shall take effect July 1, 2017.