1 | A bill to be entitled |
2 | An act relating to foreclosure debt relief; providing a |
3 | short title; providing definitions; authorizing the |
4 | creation and administration of a deficiency judgment |
5 | reimbursement program by the Florida Housing Finance |
6 | Corporation contingent upon the occurrence of certain |
7 | conditions precedent; providing for future termination of |
8 | the program; authorizing continuation of the program under |
9 | certain circumstances after depletion of funds; providing |
10 | procedures and eligibility requirements for homeowners and |
11 | financial institutions to file specified monetary claims; |
12 | providing an effective date. |
13 |
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14 | Be It Enacted by the Legislature of the State of Florida: |
15 |
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16 | Section 1. Deficiency judgment reimbursement program.- |
17 | (1) This section may be cited as the "Foreclosure Debt |
18 | Claims Act." |
19 | (2) As used in this section, the term: |
20 | (a) "Deficiency" means the total amount owed by an |
21 | eligible homeowner to a participating financial institution as |
22 | determined by a court at a hearing on a motion for summary |
23 | judgment in a foreclosure action. |
24 | (b) "Eligible homeowner" means an owner of a homestead |
25 | property whose property is subject to a foreclosure action |
26 | brought by a participating financial institution and whose: |
27 | 1. Homestead property's actual market value before default |
28 | has declined by 30 percent or more below the principal |
29 | outstanding on the mortgage note; or |
30 | 2. Last monthly mortgage payment owed before default |
31 | exceeded 31 percent of the homeowner's current monthly gross |
32 | income. |
33 | (c) "Foreclosure action" means a foreclosure action filed |
34 | in a court of this state. |
35 | (d) "Fund" means the moneys, or the account containing the |
36 | moneys, allocated by the United States Department of Treasury |
37 | from the Housing Finance Agency Innovation Fund for the Hardest- |
38 | Hit Housing Markets to the Florida Housing Finance Corporation. |
39 | (e) "Homestead property" means real property determined by |
40 | a court having jurisdiction over a foreclosure action brought by |
41 | a participating financial institution to be the primary |
42 | residence of the defendant homeowner based upon the totality of |
43 | circumstances. |
44 | (f) "Participating financial institution" means any |
45 | financial institution that: |
46 | 1. Is authorized to engage in lending activities in this |
47 | state; |
48 | 2. Holds a mortgage subject to a foreclosure action |
49 | against an eligible homeowner; and |
50 | 3. Has voluntarily agreed to participate in the program. |
51 | (g) "Program" means the deficiency judgment reimbursement |
52 | program created and administered by the Florida Housing Finance |
53 | Corporation in accordance with this section. |
54 | (3) Contingent upon the United States Department of the |
55 | Treasury authorizing and directing the Florida Housing Finance |
56 | Corporation to create and administer the deficiency judgment |
57 | reimbursement program as provided for in this section and upon |
58 | receiving a minimum of $100 million from the Housing Finance |
59 | Agency Innovation Fund for the Hardest-Hit Housing Markets, the |
60 | corporation shall: |
61 | (a) Create the deficiency judgment reimbursement program |
62 | in compliance with both the provisions of this section and the |
63 | directive given by the United States Department of the Treasury |
64 | for the creation and administration of the program. |
65 | (b) Create all the notices and forms necessary for the |
66 | administration of the program. |
67 | (c) Process filed claims in the order received and pay |
68 | claims until the fund is depleted or the program is continued |
69 | pursuant to subsection (4). |
70 | (d) If program funds are depleted before the scheduled |
71 | termination of the program, notify all participating financial |
72 | institutions about such depletion, unless the program is |
73 | continued pursuant to subsection (4). |
74 | (4) Any program created pursuant to this section shall |
75 | terminate 1 year after the receipt of the funds required under |
76 | subsection (3). However, if the funds are depleted before the |
77 | scheduled termination of the program, the program may be |
78 | continued until the scheduled termination date, subject to an |
79 | appropriation by the Legislature, for the purpose of paying any |
80 | pending claims filed before the depletion of funds. |
81 | (5) An eligible homeowner is entitled to receive a waiver |
82 | of deficiency from a participating financial institution and up |
83 | to $1,000 in moving expenses from the fund if the eligible |
84 | homeowner agrees in writing to: |
85 | (a) Settle the foreclosure action by entry of a |
86 | nonmonetary judgment of foreclosure against the eligible |
87 | homeowner; and |
88 | (b) Vacate the homestead property within 3 months after |
89 | entry of judgment against the eligible homeowner or the judicial |
90 | sale, whichever occurs later. |
91 |
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92 | An agreement under this subsection is valid only if it is in |
93 | writing. |
94 | (6) A participating financial institution is entitled to |
95 | file a claim with the Florida Housing Finance Corporation for an |
96 | amount equal to 10 percent of the deficiency arising from a |
97 | foreclosure action settled as a result of a written agreement |
98 | entered into by a participating financial institution and an |
99 | eligible homeowner pursuant to subsection (5). |
100 | Section 2. This act shall take effect upon becoming law. |