Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 660
       
       
       
       
       
       
                                Ì450290ÃÎ450290                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/06/2017           .                                
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       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   16  withdrawn by the defendant, together with the submission of a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.