FL House Bill 471 | allow a lienholder to submit any document from a mortgagee’s bankruptcy case that suffices as an “admission by the defendant” that he or she intended to surrender the property.

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FL House Bill 471 | allow a lienholder to submit any document from a mortgagee’s bankruptcy case that suffices as an “admission by the defendant” that he or she intended to surrender the property.

FL House Bill 471 | allow a lienholder to submit any document from a mortgagee’s bankruptcy case that suffices as an “admission by the defendant” that he or she intended to surrender the property.

F L O R I D A    H O U S E   O F   R E P R E S E N T A T I V E S

HB471

1 A bill to be entitled 2 An act relating to mortgage foreclosures; creating s. 3 702.12, F.S.; authorizing certain lienholders to use 4 certain documents as an admission in an action to 5 foreclose a mortgage; providing that submission of 6 certain documents in a foreclosure action creates 7 certain presumptions; authorizing a lienholder to make 8 a request for judicial notice; providing construction; 9 providing an effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Section 702.12, Florida Statutes, is created to 14 read: 15 702.12 Actions in foreclosure.— 16 (1)(a) A lienholder, in an action to foreclose a mortgage, 17 may submit any document the defendant filed in a bankruptcy case 18 under penalty of perjury for use as an admission by the 19 defendant. 20 (b) The lienholder’s submission of a document that 21 evidences the defendant’s intention to surrender to the 22 lienholder the property that is the subject of the foreclosure, 23 which document has not been withdrawn by the defendant, together 24 with the submission of a final order entered in the bankruptcy 25 case that discharges the defendant’s debts or confirms the defendant’s repayment plan which intention is contained therein, 27 creates a rebuttable presumption that the defendant has: 28 1. Surrendered to the lienholder the defendant’s interest 29 in the mortgaged property; and 30 2. Waived any defenses to the foreclosure. 31 (2) In addition to a request set forth in s. 90.203, the 32 lienholder may request that the court take judicial notice of 33 any final order entered in a bankruptcy case. 34 (3) This section does not preclude the defendant in a 35 foreclosure action from raising a defense based upon the 36 lienholder’s conduct subsequent to the filing of the document 37 filed in the bankruptcy case that evidenced the defendant’s 38 intention to surrender the mortgaged property to the lienholder. 39 Section 2. This act shall take effect July 1, 2017.

Down Load PDF of This Case

https://www.flsenate.gov/Session/Bill/2017/0471

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