Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/HB 735, 2nd Eng.
       
       
       
       
       
       
                                Ì338424(Î338424                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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               Floor: 1a/RE/2R         .                                
             05/04/2017 10:16 PM       .                                
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       Senator Passidomo moved the following:
       
    1         Senate Amendment to Amendment (885236) (with title
    2  amendment)
    3  
    4         Between lines 4 and 5
    5  insert:
    6         Section 1. Section 702.12, Florida Statutes, is created to
    7  read:
    8         702.12 Actions in foreclosure.—
    9         (1)(a) A lienholder, in an action to foreclose a mortgage,
   10  may submit any document the defendant filed in the defendant’s
   11  bankruptcy case under penalty of perjury for use as an admission
   12  by the defendant.
   13         (b) A rebuttable presumption that the defendant has waived
   14  any defenses to the foreclosure is created if a lienholder
   15  submits documents filed in the defendant’s bankruptcy case
   16  which:
   17         1. Evidence the defendant’s intention to surrender to the
   18  lienholder the property that is the subject of the foreclosure;
   19         2. Have not been withdrawn by the defendant; and
   20         3. Show that a final order has been entered in the
   21  defendant’s bankruptcy case which discharges the defendant’s
   22  debts or confirms the defendant’s repayment plan that provides
   23  for the surrender of the property.
   24         (2) Pursuant to s. 90.203, a court shall take judicial
   25  notice of any order entered in a bankruptcy case upon the
   26  request of a lienholder.
   27         (3) This section does not preclude the defendant in a
   28  foreclosure action from raising a defense based upon the
   29  lienholder’s action or inaction subsequent to the filing of the
   30  document filed in the bankruptcy case which evidenced the
   31  defendant’s intention to surrender the mortgaged property to the
   32  lienholder.
   33         (4) This section applies to any foreclosure action filed on
   34  or after October 1, 2017.
   35  
   36  ================= T I T L E  A M E N D M E N T ================
   37  And the title is amended as follows:
   38         Delete line 638
   39  and insert:
   40         An act relating to real property; creating s. 702.12,
   41         F.S.; authorizing lienholders to use certain documents
   42         as an admission in an action to foreclose a mortgage;
   43         providing that submission of certain documents in a
   44         foreclosure action creates a rebuttable presumption
   45         that the defendant has waived any defenses to the
   46         foreclosure; requiring a court to take judicial notice
   47         of final orders entered in bankruptcy cases; providing
   48         construction; providing applicability;