HB 1421

1
A bill to be entitled
2An act relating to foreclosure debt relief; providing a
3short title; providing definitions; authorizing the
4creation and administration of a deficiency judgment
5reimbursement program by the Florida Housing Finance
6Corporation contingent upon the occurrence of certain
7conditions precedent; providing for future termination of
8the program; authorizing continuation of the program under
9certain circumstances after depletion of funds; providing
10procedures and eligibility requirements for homeowners and
11financial institutions to file specified monetary claims;
12providing an effective date.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16     Section 1.  Deficiency judgment reimbursement program.-
17     (1)  This section may be cited as the "Foreclosure Debt
18Claims Act."
19     (2)  As used in this section, the term:
20     (a)  "Deficiency" means the total amount owed by an
21eligible homeowner to a participating financial institution as
22determined by a court at a hearing on a motion for summary
23judgment in a foreclosure action.
24     (b)  "Eligible homeowner" means an owner of a homestead
25property whose property is subject to a foreclosure action
26brought by a participating financial institution and whose:
27     1.  Homestead property's actual market value before default
28has declined by 30 percent or more below the principal
29outstanding on the mortgage note; or
30     2.  Last monthly mortgage payment owed before default
31exceeded 31 percent of the homeowner's current monthly gross
32income.
33     (c)  "Foreclosure action" means a foreclosure action filed
34in a court of this state.
35     (d)  "Fund" means the moneys, or the account containing the
36moneys, allocated by the United States Department of Treasury
37from the Housing Finance Agency Innovation Fund for the Hardest-
38Hit Housing Markets to the Florida Housing Finance Corporation.
39     (e)  "Homestead property" means real property determined by
40a court having jurisdiction over a foreclosure action brought by
41a participating financial institution to be the primary
42residence of the defendant homeowner based upon the totality of
43circumstances.
44     (f)  "Participating financial institution" means any
45financial institution that:
46     1.  Is authorized to engage in lending activities in this
47state;
48     2.  Holds a mortgage subject to a foreclosure action
49against an eligible homeowner; and
50     3.  Has voluntarily agreed to participate in the program.
51     (g)  "Program" means the deficiency judgment reimbursement
52program created and administered by the Florida Housing Finance
53Corporation in accordance with this section.
54     (3)  Contingent upon the United States Department of the
55Treasury authorizing and directing the Florida Housing Finance
56Corporation to create and administer the deficiency judgment
57reimbursement program as provided for in this section and upon
58receiving a minimum of $100 million from the Housing Finance
59Agency Innovation Fund for the Hardest-Hit Housing Markets, the
60corporation shall:
61     (a)  Create the deficiency judgment reimbursement program
62in compliance with both the provisions of this section and the
63directive given by the United States Department of the Treasury
64for the creation and administration of the program.
65     (b)  Create all the notices and forms necessary for the
66administration of the program.
67     (c)  Process filed claims in the order received and pay
68claims until the fund is depleted or the program is continued
69pursuant to subsection (4).
70     (d)  If program funds are depleted before the scheduled
71termination of the program, notify all participating financial
72institutions about such depletion, unless the program is
73continued pursuant to subsection (4).
74     (4)  Any program created pursuant to this section shall
75terminate 1 year after the receipt of the funds required under
76subsection (3). However, if the funds are depleted before the
77scheduled termination of the program, the program may be
78continued until the scheduled termination date, subject to an
79appropriation by the Legislature, for the purpose of paying any
80pending claims filed before the depletion of funds.
81     (5)  An eligible homeowner is entitled to receive a waiver
82of deficiency from a participating financial institution and up
83to $1,000 in moving expenses from the fund if the eligible
84homeowner agrees in writing to:
85     (a)  Settle the foreclosure action by entry of a
86nonmonetary judgment of foreclosure against the eligible
87homeowner; and
88     (b)  Vacate the homestead property within 3 months after
89entry of judgment against the eligible homeowner or the judicial
90sale, whichever occurs later.
91
92An agreement under this subsection is valid only if it is in
93writing.
94     (6)  A participating financial institution is entitled to
95file a claim with the Florida Housing Finance Corporation for an
96amount equal to 10 percent of the deficiency arising from a
97foreclosure action settled as a result of a written agreement
98entered into by a participating financial institution and an
99eligible homeowner pursuant to subsection (5).
100     Section 2.  This act shall take effect upon becoming law.


CODING: Words stricken are deletions; words underlined are additions.