Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 370
Barcode 591612
CHAMBER ACTION
Senate House
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11 The Committee on Judiciary (Campbell) recommended the
12 following amendment:
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14 Senate Amendment (with title amendment)
15 On page 27, line 31,
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17 insert:
18 (5) Notwithstanding subsection (4), a creditor or
19 subsequent purchaser of real property or any interest therein,
20 for valuable consideration and without notice, is entitled to
21 rely on a full or partial release, discharge, consent,
22 joinder, subordination, satisfaction, or assignment of a
23 mortgage upon such property made by the mortgagee of record,
24 without regard to the filing of any Uniform Commercial Code
25 financing statement that purports to perfect a security
26 interest in the mortgage or in a promissory note or other
27 right to payment or performance secured by the mortgage, and
28 the filing of any such financing statement does not constitute
29 notice for the purposes of this section. For the purposes of
30 this subsection, the term "mortgagee of record" means the
31 person named as the mortgagee in the recorded mortgage or, if
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12:49 PM 01/10/05 s0370c-ju32-c9i
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 370
Barcode 591612
1 an assignment of the mortgage has been recorded in accordance
2 with this section, the term "mortgagee of record" means the
3 assignee named in the recorded assignment.
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7 And the title is amended as follows:
8 On page 2, line 30, after the semicolon,
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10 insert:
11 providing that a creditor or subsequent
12 purchaser of real property or of any interest
13 therein may rely on a full or partial release,
14 discharge, consent, joinder, subordination,
15 satisfaction, or assignment of a mortgage upon
16 the property which was made by the mortgagee of
17 record, without regard to the filing of certain
18 Uniform Commercial Code financing statements;
19 providing that the filing of such a financing
20 statement does not constitute notice for the
21 purposes of s. 701.02, F.S.; defining the term
22 "mortgagee of record";
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