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2013 Florida Statutes
Adequate protections for lost, destroyed, or stolen notes in mortgage foreclosure.
Any security given shall be on terms and in amounts set by the court, for a time period through the running of the statute of limitations for enforcement of the underlying note, and conditioned to indemnify and hold harmless the maker of the note against any loss or damage, including principal, interest, and attorney fees and costs, that might occur by reason of a claim by another person to enforce the note.
A. Section 8, ch. 2013-137, provides in part that “[t]he Legislature finds that this act is remedial in nature and applies to all mortgages encumbering real property and all promissory notes secured by a mortgage, whether executed before, on, or after the effective date of this act. In addition, the Legislature finds that . . . the creation of s. 702.11, Florida Statutes, by this act, [applies] to causes of action pending on the effective date of this act.”
B. Section 9, ch. 2013-137, provides that “[t]he Supreme Court is requested to amend the Florida Rules of Civil Procedures to provide expedited foreclosure proceedings in conformity with this act and is requested to develop and publish forms for use in such expedited proceedings.”