Florida Senate - 2014                                     SB 126
       
       
        
       By Senator Soto
       
       
       
       
       
       14-00029-14                                            2014126__
    1                        A bill to be entitled                      
    2         An act relating to residential foreclosure
    3         proceedings; providing a short title; creating s.
    4         501.1379, F.S.; defining the term “mortgage collection
    5         firm”; prohibiting a mortgage collection firm from
    6         offering false evidence in a residential mortgage
    7         foreclosure proceeding; providing that a violation is
    8         a deceptive and unfair trade practice; providing
    9         penalties and remedies including attorney fees and
   10         costs; providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. This act may be cited as the “Florida Mortgage
   15  Collection Fairness Act.”
   16         Section 2. Section 501.1379, Florida Statutes, is created
   17  to read:
   18         501.1379 Mortgage collection firms; prohibited practices;
   19  penalties and remedies.—
   20         (1) As used in this section, the term “mortgage collection
   21  firm” means an attorney or law firm engaged to represent a party
   22  filing a residential mortgage foreclosure action, or a person
   23  engaged in debt collection services for a residential mortgage
   24  loan.
   25         (2) A mortgage collection firm may not knowingly offer
   26  false evidence in a residential mortgage foreclosure proceeding.
   27         (3) A violation of this section is a deceptive and unfair
   28  trade practice and constitutes a violation of the Florida
   29  Deceptive and Unfair Trade Practices Act. A mortgage collection
   30  firm that violates this section is subject to the penalties and
   31  remedies provided in part II of this chapter, including the
   32  award of reasonable attorney fees and costs under s. 501.2105.
   33         Section 3. This act shall take effect July 1, 2014.