Florida Senate - 2012 COMMITTEE AMENDMENT
Bill No. CS for SB 1890
Barcode 136600
LEGISLATIVE ACTION
Senate . House
Comm: WD .
02/27/2012 .
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The Committee on Banking and Insurance (Richter) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5
6 Section 1. Paragraph (b) of subsection (2) of section
7 95.11, Florida Statutes, is amended, and paragraph (h) is added
8 to subsection (5) of that section, to read:
9 95.11 Limitations other than for the recovery of real
10 property.—Actions other than for recovery of real property shall
11 be commenced as follows:
12 (2) WITHIN FIVE YEARS.—
13 (b) A legal or equitable action on a contract, obligation,
14 or liability founded on a written instrument, except for an
15 action to enforce a claim against a payment bond, which shall be
16 governed by the applicable provisions of ss. 255.05(10) and
17 713.23(1)(e), and except for certain actions for a deficiency
18 judgment governed by paragraph (5)(h).
19 (5) WITHIN ONE YEAR.—
20 (h) An action to enforce a claim of a deficiency related to
21 a note secured by a mortgage against a residential property that
22 is a one-family to four-family dwelling unit. The limitations
23 period shall commence on the 11th day after the foreclosure sale
24 or the day after the mortgagee accepts a deed in lieu of
25 foreclosure.
26 Section 2. The amendment to s. 95.11, Florida Statutes,
27 made by this act shall apply to any action commenced on or after
28 July 1, 2012, regardless of when the cause of action accrued,
29 except that any action that would not have been barred under s.
30 95.11(2)(b), Florida Statutes, prior to the amendments made by
31 this act may be commenced no later than 5 years after the action
32 accrued and in no event later than July 1, 2013, and if the
33 action is not commenced by that date, it is barred by the
34 amendments made by this act.
35 Section 3. Section 702.015, Florida Statutes, is created to
36 read:
37 702.015 Elements of complaint; lost, destroyed, or stolen
38 note affidavit.—
39 (1) A complaint that seeks to foreclose a mortgage or other
40 lien on residential real property, including individual units of
41 condominiums and cooperatives, designed principally for
42 occupation by from one to four families, but not including an
43 interest in a timeshare property, which secures a promissory
44 note must:
45 (a) Contain affirmative allegations expressly made by the
46 plaintiff at the time the proceeding is commenced that the
47 plaintiff is the holder of the original note secured by the
48 mortgage; or
49 (b) Allege with specificity the factual basis by which the
50 plaintiff is a person entitled to enforce the note under s.
51 673.3011.
52 (2) If a party has been delegated the authority to
53 institute a mortgage foreclosure action on behalf of the holder
54 of the note, the complaint shall describe the authority of the
55 plaintiff and identify, with specificity, the document that
56 grants the plaintiff the authority to act on behalf of the
57 holder of the note. This subsection is intended to require
58 initial disclosure of status and pertinent facts and not to
59 modify law regarding standing or real parties in interest.
60 (3) If the plaintiff is in physical possession of the
61 original promissory note, the plaintiff must file with the
62 court, contemporaneously with and as a condition precedent to
63 the filing of the complaint for foreclosure, certification,
64 under penalty of perjury, that the plaintiff is in physical
65 possession of the original promissory note. The certification
66 must set forth the physical location of the note, the name and
67 title of the individual giving the certification, the name of
68 the person who personally verified such physical possession, and
69 the time and date on which the possession was verified. Correct
70 copies of the note and all allonges to the note must be attached
71 to the certification. The original note and the allonges must be
72 filed with the court before the entry of any judgment of
73 foreclosure or judgment on the note.
74 (4) If the plaintiff seeks to enforce a lost, destroyed, or
75 stolen instrument, an affidavit executed under penalty of
76 perjury must be attached to the complaint. The affidavit must:
77 (a) Detail a clear chain of all endorsements or assignments
78 of the promissory note that is the subject of the action.
79 (b) Set forth facts showing that the plaintiff is entitled
80 to enforce a lost, destroyed, or stolen instrument pursuant to
81 s. 673.3091.
82 (c) Include as exhibits to the affidavit such copies of the
83 note and the allonges to the note, audit reports showing
84 physical receipt of the original note, or other evidence of the
85 acquisition, ownership, and possession of the note as may be
86 available to the plaintiff.
87 (5) The Legislature intends that the requirements of this
88 section are to expedite the foreclosure process by ensuring
89 initial disclosure of a plaintiff’s status and the facts
90 supporting that status and thereby ensuring the availability of
91 documents necessary to the prosecution of the case. This section
92 is not intended to modify existing law regarding standing or
93 real parties in interest. The court may sanction the plaintiff
94 for failure to comply with this section, but any noncompliance
95 with this section does not affect the validity of a foreclosure
96 sale or title to real property subsequent to a foreclosure sale.
97 Section 4. Section 702.036, Florida Statutes, is created to
98 read:
99 702.036 Finality of mortgage foreclosure judgment.—
100 (1)(a) In an action or proceeding in which a party seeks to
101 set aside, invalidate, or challenge the validity of a final
102 judgment of foreclosure of a mortgage or to establish or
103 reestablish a lien or encumbrance on the property in abrogation
104 of the final judgment of foreclosure of a mortgage, the court
105 shall treat such request solely as a claim for monetary damages
106 and may not grant relief that adversely affects the quality or
107 character of the title to the property if:
108 1. A final judgment of foreclosure of a mortgage has been
109 entered as to a property;
110 2. All applicable appeals periods have run as to the final
111 judgment of foreclosure of a mortgage and an appeal has not been
112 filed or, if an appeal has been filed, it has been finally
113 resolved;
114 3. The property has been acquired for value by a person not
115 affiliated with the foreclosing lender or the foreclosed owner,
116 at a time in which no lis pendens regarding the suit to set
117 aside, invalidate, or challenge the foreclosure appears in the
118 official records of the county where the property is located;
119 and
120 4. The party seeking relief from the final judgment of
121 foreclosure of a mortgage has been properly served in the
122 foreclosure lawsuit as provided in chapter 48 or chapter 49.
123 (b) This subsection does not limit the right to pursue any
124 other relief to which a person may be entitled, including, but
125 not limited to, compensatory damages, punitive damages,
126 statutory damages, consequential damages, injunctive relief, or
127 fees and costs, and which does not adversely affect the
128 ownership of the title to the property as vested in the
129 unaffiliated purchaser for value.
130 (2) For purposes of this section, the following, without
131 limitation, shall be considered persons affiliated with the
132 foreclosing lender:
133 (a) The foreclosing lender or any loan servicer for the
134 loan being foreclosed;
135 (b) Any past or present owner or holder of the loan being
136 foreclosed;
137 (c) Any maintenance company, holding company, foreclosure
138 services company, or law firm under contract to any entity
139 listed in paragraph (a), paragraph (b), or this paragraph, with
140 regard to the loan being foreclosed; or
141 (d) Any parent entity, subsidiary, or other person that
142 directly, or indirectly through one or more intermediaries,
143 controls or is controlled by, or is under common control with,
144 any entity listed in paragraph (a), paragraph (b), or paragraph
145 (c).
146 (3) After foreclosure of a mortgage based upon the
147 enforcement of a lost, destroyed, or stolen note, a person who
148 is not a party to the underlying foreclosure action but who
149 claims to be the actual holder of the promissory note secured by
150 the foreclosed mortgage does not have a claim against the
151 foreclosed property after it has been conveyed for valuable
152 consideration to a person not affiliated with the foreclosing
153 lender or the foreclosed owner. This section does not preclude
154 the actual holder of the note from pursuing damages from any
155 adequate protection given under s. 673.3091 by the person who
156 enforced the note or from the party who wrongfully claimed to be
157 the owner or holder of the promissory note or the maker of the
158 note or from any other person against whom the actual holder of
159 the note may have a claim relating to the note.
160 Section 4. Section 702.06, Florida Statutes, is amended to
161 read:
162 702.06 Deficiency decree; common-law suit to recover
163 deficiency.—In all suits for the foreclosure of mortgages
164 heretofore or hereafter executed the entry of a deficiency
165 decree for any portion of a deficiency, should one exist, may
166 not exceed the difference between the judgment amount or, in the
167 case of a short sale, the outstanding debt, and the fair market
168 value of the property on the date of sale., shall be within the
169 sound judicial discretion of the court, but The complainant
170 shall also have the right to sue at common law to recover such
171 deficiency, unless the court in the foreclosure action has
172 granted or denied a claim for a deficiency judgment provided no
173 suit at law to recover such deficiency shall be maintained
174 against the original mortgagor in cases where the mortgage is
175 for the purchase price of the property involved and where the
176 original mortgagee becomes the purchaser thereof at foreclosure
177 sale and also is granted a deficiency decree against the
178 original mortgagor.
179 Section 5. Section 702.10, Florida Statutes, is amended to
180 read:
181 702.10 Order to show cause; entry of final judgment of
182 foreclosure; payment during foreclosure.—
183 (1) A lienholder After a complaint in a foreclosure
184 proceeding has been filed, the mortgagee may request an order to
185 show cause for the entry of final judgment in a foreclosure
186 action. For purposes of this section, the term “lienholder”
187 includes the plaintiff and a defendant to the action who holds a
188 lien encumbering the property or a defendant who, by virtue of
189 its status as a condominium association, cooperative
190 association, or homeowners’ association, may file a lien against
191 the real property subject to foreclosure. Upon filing, and the
192 court shall immediately review the request and the court file in
193 chambers and without a hearing complaint. If, upon examination
194 of the court file complaint, the court finds that the complaint
195 is verified, complies with s. 702.015, and alleges a cause of
196 action to foreclose on real property, the court shall promptly
197 issue an order directed to the other parties named in the action
198 defendant to show cause why a final judgment of foreclosure
199 should not be entered.
200 (a) The order shall:
201 1. Set the date and time for a hearing on the order to show
202 cause. However, The date for the hearing may not occur be set
203 sooner than the later of 20 days after the service of the order
204 to show cause or 45 days after the service of the initial
205 complaint. When service is obtained by publication, the date for
206 the hearing may not be set sooner than 55 30 days after the
207 first publication. The hearing must be held within 60 days after
208 the date of service. Failure to hold the hearing within such
209 time does not affect the validity of the order to show cause or
210 the jurisdiction of the court to issue subsequent orders.
211 2. Direct the time within which service of the order to
212 show cause and the complaint must be made upon the defendant.
213 3. State that the filing of defenses by a motion,
214 responsive pleading, affidavits, or other papers or by a
215 verified or sworn answer at or before the hearing to show cause
216 may constitute constitutes cause for the court not to enter the
217 attached final judgment.
218 4. State that a the defendant has the right to file
219 affidavits or other papers before at the time of the hearing to
220 show cause and may appear personally or by way of an attorney at
221 the hearing.
222 5. State that, if a the defendant files defenses by a
223 motion, a verified or sworn answer, affidavits, or other papers
224 or appears personally or by way of an attorney at the time of
225 the hearing, the hearing time will may be used to hear and
226 consider the defendant’s motion, answer, affidavits, other
227 papers, and other evidence and argument as may be presented by
228 the defendant or the defendant’s attorney. The order shall also
229 state that the court may enter an order of final judgment of
230 foreclosure at the hearing. If such a determination is entered,
231 the court shall enter a final judgment of foreclosure ordering
232 the clerk of the court to conduct a foreclosure sale.
233 6. State that, if a the defendant fails to appear at the
234 hearing to show cause or fails to file defenses by a motion or
235 by a verified or sworn answer or files an answer not contesting
236 the foreclosure, such the defendant may be considered to have
237 waived the right to a hearing, and in such case, the court may
238 enter a default against such defendant and, if appropriate, a
239 final judgment of foreclosure ordering the clerk of the court to
240 conduct a foreclosure sale.
241 7. State that if the mortgage provides for reasonable
242 attorney attorney’s fees and the requested attorney attorney’s
243 fees do not exceed 3 percent of the principal amount owed at the
244 time of filing the complaint, it is unnecessary for the court to
245 hold a hearing or adjudge the requested attorney attorney’s fees
246 to be reasonable.
247 8. Attach the form of the proposed final judgment of
248 foreclosure which the movant requests the court to will enter,
249 if the defendant waives the right to be heard at the hearing on
250 the order to show cause. The form may contain blanks for the
251 court to enter the amounts due.
252 9. Require the party seeking final judgment mortgagee to
253 serve a copy of the order to show cause on the other parties the
254 mortgagor in the following manner:
255 a. If a party the mortgagor has been personally served with
256 the complaint and original process, or the other party is the
257 plaintiff in the action, service of the order to show cause on
258 that party order may be made in the manner provided in the
259 Florida Rules of Civil Procedure.
260 b. If a defendant the mortgagor has not been personally
261 served with the complaint and original process, the order to
262 show cause, together with the summons and a copy of the
263 complaint, shall be served on the party mortgagor in the same
264 manner as provided by law for original process.
265
266 Any final judgment of foreclosure entered under this subsection
267 is for in rem relief only. Nothing in This subsection does not
268 shall preclude the entry of a deficiency judgment where
269 otherwise allowed by law. It is the intent of the Legislature
270 that this alternative procedure may run simultaneously with
271 other court procedures.
272 (b) The right to be heard at the hearing to show cause is
273 waived if a the defendant, after being served as provided by law
274 with an order to show cause, engages in conduct that clearly
275 shows that the defendant has relinquished the right to be heard
276 on that order. The defendant’s failure to file defenses by a
277 motion or by a sworn or verified answer, affidavits, or other
278 papers or to appear personally or by way of an attorney at the
279 hearing duly scheduled on the order to show cause presumptively
280 constitutes conduct that clearly shows that the defendant has
281 relinquished the right to be heard. If a defendant files
282 defenses by a motion, or by a verified or sworn answer,
283 affidavits, or other papers at or before the hearing, such
284 action may constitute constitutes cause and may preclude
285 precludes the entry of a final judgment at the hearing to show
286 cause.
287 (c) In a mortgage foreclosure proceeding, when a final
288 default judgment of foreclosure has been entered against the
289 mortgagor and the note or mortgage provides for the award of
290 reasonable attorney attorney’s fees, it is unnecessary for the
291 court to hold a hearing or adjudge the requested attorney
292 attorney’s fees to be reasonable if the fees do not exceed 3
293 percent of the principal amount owed on the note or mortgage at
294 the time of filing, even if the note or mortgage does not
295 specify the percentage of the original amount that would be paid
296 as liquidated damages.
297 (d) If the court finds that all defendants have the
298 defendant has waived the right to be heard as provided in
299 paragraph (b), the court shall promptly enter a final judgment
300 of foreclosure without the need for further hearing if the
301 plaintiff has shown entitlement to a final judgment and upon the
302 filing with the court of original note, satisfaction of the
303 conditions for establishment of a lost note, or upon a showing
304 to the court that the obligation to be foreclosed is not
305 evidenced by a promissory note or other negotiable instrument.
306 If the court finds that a the defendant has not waived the right
307 to be heard on the order to show cause, the court shall then
308 determine whether there is cause not to enter a final judgment
309 of foreclosure. If the court finds that the defendant has not
310 shown cause, the court shall promptly enter a judgment of
311 foreclosure. If the time allotted for the hearing is
312 insufficient, the court may announce at the hearing a date and
313 time for the continued hearing. Only the parties who appear,
314 individually or through an attorney, at the initial hearing must
315 be notifed of the date and time of the continued hearing.
316 (2) This subsection does not apply to foreclosure of an
317 owner-occupied residence. As part of any other In an action for
318 foreclosure, and in addition to any other relief that the court
319 may award other than residential real estate, the plaintiff the
320 mortgagee may request that the court enter an order directing
321 the mortgagor defendant to show cause why an order to make
322 payments during the pendency of the foreclosure proceedings or
323 an order to vacate the premises should not be entered.
324 (a) The order shall:
325 1. Set the date and time for hearing on the order to show
326 cause. However, the date for the hearing may shall not be set
327 sooner than 20 days after the service of the order. If Where
328 service is obtained by publication, the date for the hearing may
329 shall not be set sooner than 30 days after the first
330 publication.
331 2. Direct the time within which service of the order to
332 show cause and the complaint shall be made upon each the
333 defendant.
334 3. State that a the defendant has the right to file
335 affidavits or other papers at the time of the hearing and may
336 appear personally or by way of an attorney at the hearing.
337 4. State that, if a the defendant fails to appear at the
338 hearing to show cause and fails to file defenses by a motion or
339 by a verified or sworn answer, the defendant is may be deemed to
340 have waived the right to a hearing and in such case the court
341 may enter an order to make payment or vacate the premises.
342 5. Require the movant mortgagee to serve a copy of the
343 order to show cause on the defendant mortgagor in the following
344 manner:
345 a. If a defendant the mortgagor has been served with the
346 complaint and original process, service of the order may be made
347 in the manner provided in the Florida Rules of Civil Procedure.
348 b. If a defendant the mortgagor has not been served with
349 the complaint and original process, the order to show cause,
350 together with the summons and a copy of the complaint, shall be
351 served on the defendant mortgagor in the same manner as provided
352 by law for original process.
353 (b) The right of a defendant to be heard at the hearing to
354 show cause is waived if the defendant, after being served as
355 provided by law with an order to show cause, engages in conduct
356 that clearly shows that the defendant has relinquished the right
357 to be heard on that order. A The defendant’s failure to file
358 defenses by a motion or by a sworn or verified answer or to
359 appear at the hearing duly scheduled on the order to show cause
360 presumptively constitutes conduct that clearly shows that the
361 defendant has relinquished the right to be heard.
362 (c) If the court finds that a the defendant has waived the
363 right to be heard as provided in paragraph (b), the court may
364 promptly enter an order requiring payment in the amount provided
365 in paragraph (f) or an order to vacate.
366 (d) If the court finds that the mortgagor has not waived
367 the right to be heard on the order to show cause, the court
368 shall, at the hearing on the order to show cause, consider the
369 affidavits and other showings made by the parties appearing and
370 make a determination of the probable validity of the underlying
371 claim alleged against the mortgagor and the mortgagor’s
372 defenses. If the court determines that the plaintiff mortgagee
373 is likely to prevail in the foreclosure action, the court shall
374 enter an order requiring the mortgagor to make the payment
375 described in paragraph (e) to the plaintiff mortgagee and
376 provide for a remedy as described in paragraph (f). However, the
377 order shall be stayed pending final adjudication of the claims
378 of the parties if the mortgagor files with the court a written
379 undertaking executed by a surety approved by the court in an
380 amount equal to the unpaid balance of the lien being foreclosed
381 the mortgage on the property, including all principal, interest,
382 unpaid taxes, and insurance premiums paid by the plaintiff the
383 mortgagee.
384 (e) If In the event the court enters an order requiring the
385 mortgagor to make payments to the plaintiff mortgagee, payments
386 shall be payable at such intervals and in such amounts provided
387 for in the mortgage instrument before acceleration or maturity.
388 The obligation to make payments pursuant to any order entered
389 under this subsection shall commence from the date of the motion
390 filed under this section hereunder. The order shall be served
391 upon the mortgagor no later than 20 days before the date
392 specified for the first payment. The order may permit, but may
393 shall not require, the plaintiff mortgagee to take all
394 appropriate steps to secure the premises during the pendency of
395 the foreclosure action.
396 (f) If In the event the court enters an order requiring
397 payments, the order shall also provide that the plaintiff is
398 mortgagee shall be entitled to possession of the premises upon
399 the failure of the mortgagor to make the payment required in the
400 order unless at the hearing on the order to show cause the court
401 finds good cause to order some other method of enforcement of
402 its order.
403 (g) All amounts paid pursuant to this section shall be
404 credited against the mortgage obligation in accordance with the
405 terms of the loan documents;, provided, however, that any
406 payments made under this section do shall not constitute a cure
407 of any default or a waiver or any other defense to the mortgage
408 foreclosure action.
409 (h) Upon the filing of an affidavit with the clerk that the
410 premises have not been vacated pursuant to the court order, the
411 clerk shall issue to the sheriff a writ for possession which
412 shall be governed by the provisions of s. 83.62.
413 (i) For purposes of this subsection, there is a rebuttable
414 presumption that a residential property for which a homestead
415 exemption for taxation was granted according to the certified
416 rolls of the latest assessment by the county property appraiser,
417 before the filing of the foreclosure action, is an owner
418 occupied residential property.
419 (3) The Supreme Court is requested to amend the Florida
420 Rules of Civil Procedure to provide for expedited foreclosure
421 proceedings in conformity with this section and is requested to
422 develop and publish forms for use under this section.
423 Section 6. Section 702.11, Florida Statutes, is created to
424 read:
425 702.11 Expedited foreclosure of abandoned residential real
426 property.—
427 (1) As used in this section, the term “abandoned
428 residential real property” means residential real property that
429 is deemed abandoned upon a showing that:
430 (a) A duly licensed process server unaffiliated with the
431 owner or servicer of any mortgage on the residential real
432 property or with the attorney or law firm representing such
433 owner or servicer has made at least three attempts to locate an
434 occupant of the residential real property. The attempts must
435 have been made at least 72 hours apart, and at least one each of
436 such attempts must have been made before 12 p.m., between 12
437 p.m. and 6 p.m., and between 6 p.m. and 10 p.m. Each attempt
438 must include physically knocking or ringing at the door of the
439 residential real property and such other efforts as are normally
440 sufficient to obtain a response from an occupant.
441 (b) Two or more of the following conditions exist:
442 1. Windows or entrances to the premises are boarded up or
443 closed off or multiple window panes are broken and unrepaired.
444 2. Doors to the premises are smashed through, broken off,
445 unhinged, or continuously unlocked.
446 3. Rubbish, trash, or debris has accumulated on the
447 mortgaged premises.
448 4. The premises are deteriorating and are below or in
449 imminent danger of falling below minimum community standards for
450 public safety and sanitation.
451 5. If the premises are a part of a condominium or are
452 governed by a mandatory homeowners’ association, the manager or
453 other representative of the association has confirmed that
454 assessments for the unit are at least 90 days delinquent.
455 6. Interviews with at least two neighbors in different
456 households indicate that the residence has been abandoned. The
457 neighbors must be adjoining, across the street in view of the
458 home, or across the hall or adjacent to the unit in a
459 condominium or cooperative.
460
461 The sheriff or process server making attempts to locate an
462 occupant of the residential real property and to determine the
463 abandoned status of the residential real property may provide,
464 by affidavit and photographic or other documentation, evidence
465 of the condition of the residential real property, and may
466 charge a reasonable fee for the attempts and for any affidavit
467 or other documentation evidencing the condition of the
468 residential real property.
469 (2)(a) The party entitled to enforce the note and mortgage
470 encumbering the residential real property appearing to be
471 abandoned may file a petition before the court seeking to
472 determine the status of the residential real property and to
473 invoke an expedited foreclosure proceeding relating to the
474 property. Upon the filing of an affidavit of diligent search and
475 inquiry and the affidavit or documentary evidence set forth in
476 subsection (1), the court shall, upon request of the petitioner,
477 issue one or more subpoenas to the utility companies serving the
478 residential real property commanding disclosure of the status of
479 utility service to the subject property, including whether
480 utilities are currently turned off and whether all outstanding
481 utility payments have been made and, if so, by whom.
482 (b) If, after review of the response of the utility
483 companies to the subpoenas and all other matters of record, the
484 court may deem the property to have been abandoned and the
485 plaintiff entitled to expedited foreclosure.
486 Section 7. The amendments to s. 702.10, Florida Statutes,
487 and the creation of s. 702.11, Florida Statutes, by this act are
488 remedial in nature and shall apply to causes of action pending
489 on the effective date of this act. Section 702.015, Florida
490 Statutes, as created by this act, applies to cases filed on or
491 after July 1, 2012.
492 Section 8. The Legislature finds that this act is remedial
493 in nature. Accordingly, it is the intent of the Legislature that
494 this act shall apply to all mortgages encumbering real property
495 and all promissory notes secured by a mortgage, whether executed
496 before, on, or after the effective date of this act.
497 Section 9. This act shall take effect upon becoming a law.
498
499 ================= T I T L E A M E N D M E N T ================
500 And the title is amended as follows:
501
502 Delete everything before the enacting clause
503 and insert:
504 A bill to be entitled
505 An act relating to mortgage foreclosures; amending s.
506 95.11, F.S.; reducing the limitations period for
507 commencing an action to enforce a claim of a
508 deficiency judgment subsequent to a foreclosure
509 action; providing for application to existing causes
510 of action; creating s. 702.015, F.S.; specifying
511 required contents of a complaint seeking to foreclose
512 on certain types of residential properties with
513 respect to the authority of the plaintiff to foreclose
514 on the note and the location of the note; providing
515 legislative intent; providing that failure to file
516 such documents does not affect title to property
517 subsequent to a foreclosure sale; creating s. 702.036,
518 F.S.; requiring a court to treat a challenge to a
519 final judgment of foreclosure as a claim for monetary
520 damages under certain circumstances; amending s.
521 702.06, F.S.; limiting the amount of a deficiency
522 judgment; amending s. 702.10, F.S.; expanding the
523 class of persons authorized to move for expedited
524 foreclosure; defining the term “lienholder”; providing
525 requirements and procedures with respect to an order
526 directed to defendants to show cause why a final
527 judgment of foreclosure should not be entered;
528 providing that certain failures by a defendant to make
529 certain filings or to make certain appearances may
530 have specified legal consequences; requiring the court
531 to enter a final judgment of foreclosure and order a
532 foreclosure sale under certain circumstances; amending
533 a restriction on a mortgagee to request a court to
534 order a mortgagor defendant to make payments or to
535 vacate the premises during an action to foreclose on
536 residential real estate to provide that the
537 restriction applies to all but owner-occupied
538 residential property; providing a presumption
539 regarding owner-occupied residential property;
540 requesting the Supreme Court to adopt rules and forms
541 for use in expedited foreclosure proceedings; creating
542 s. 702.11, F.S.; establishing expedited foreclosure
543 proceedings for abandoned residential real property
544 and procedures and requirements with respect thereto;
545 providing for application of the act; providing an
546 effective date.