Florida Senate - 2017 CS for CS for CS for SB 660 By the Committees on Rules; Judiciary; and Banking and Insurance; and Senator Passidomo 595-04127-17 2017660c3 1 A bill to be entitled 2 An act relating to bankruptcy matters in foreclosure 3 proceedings; creating s. 702.12, F.S.; authorizing 4 lienholders to use certain documents as an admission 5 in an action to foreclose a mortgage; providing that 6 submission of certain documents in a foreclosure 7 action creates a rebuttable presumption that the 8 defendant has waived any defenses to the foreclosure; 9 requiring a court to take judicial notice of final 10 orders entered in bankruptcy cases; providing 11 construction; providing applicability; 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 Actions in foreclosure.— 19 (1)(a) A lienholder, in an action to foreclose a mortgage, 20 may submit any document the defendant filed in the defendant’s 21 bankruptcy case under penalty of perjury for use as an admission 22 by the defendant. 23 (b) A rebuttable presumption that the defendant has waived 24 any defenses to the foreclosure is created if a lienholder 25 submits documents filed in the defendant’s bankruptcy case 26 which: 27 1. Evidence the defendant’s intention to surrender to the 28 lienholder the property that is the subject of the foreclosure; 29 2. Have not been withdrawn by the defendant; and 30 3. Show that a final order has been entered in the 31 defendant’s bankruptcy case which discharges the defendant’s 32 debts or confirms the defendant’s repayment plan that provides 33 for the surrender of the property. 34 (2) Pursuant to s. 90.203, a court shall take judicial 35 notice of any order entered in a bankruptcy case upon the 36 request of a lienholder. 37 (3) This section does not preclude the defendant in a 38 foreclosure action from raising a defense based upon the 39 lienholder’s action or inaction subsequent to the filing of the 40 document filed in the bankruptcy case which evidenced the 41 defendant’s intention to surrender the mortgaged property to the 42 lienholder. 43 (4) This section applies to any foreclosure action filed on 44 or after October 1, 2017. 45 Section 2. This act shall take effect October 1, 2017.