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HB 1149: Mortgage Foreclosures

GENERAL BILL by Steube ; (CO-INTRODUCERS) Gaetz

Mortgage Foreclosures; Reduces limitations period for commencing action to enforce claim of deficiency judgment pursuant to foreclosure action; provides that entry of deficiency judgment must be commenced within specified period after date of court foreclosure sale or short sale; bars attempts to collect deficiency judgment if not commenced within such period; limits amount of deficiency judgment in foreclosure action; authorizes reduction of amount of deficiency judgment by insurance setoff; authorizes lienholders & condominium or homeowners' associations to request order to show cause for entry of final judgment of foreclosure; provides requirements & procedures with respect to order directed to defendants to show cause why final judgment of foreclosure should not be entered; provides that failures by defendant to make certain filings or to make certain appearances may have specified legal consequences; requires court to enter final judgment of foreclosure & order foreclosure sale; establishes expedited foreclosure proceedings for abandoned residential real property & procedures & requirements with respect thereto; provides procedures & requirements for actions to foreclose on mortgages on actual or potential homestead property.

Effective Date: 7/1/2012
Last Action: 3/9/2012 House - Died in Civil Justice Subcommittee
Bill Text: PDF

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  • Bill History

    Date Chamber Action
    12/27/2011 House • Filed
    1/9/2012 House • Referred to Civil Justice Subcommittee; Insurance and Banking Subcommittee; Justice Appropriations Subcommittee; Judiciary Committee -HJ 112
    1/10/2012 House • Introduced -HJ 111
    3/9/2012 House • Died in Civil Justice Subcommittee

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  • HB 1149, Original Filed Version (Current Bill Version) Posted 12/27/2011 at 2:24 PM

    Bill Text:   PDF
    Analyses:   None

    Related Bills (2)

    Bill Number Subject Filed By Relationship Last Action and Location Track Bills
    H 213 (e2) Mortgage Foreclosures Passidomo, Steube Compare Last Action: 3/9/2012 S Died in Judiciary
    Location: In committee/council (JU)
    S 1890 (c2) Mortgage Foreclosures Latvala Compare Last Action: 3/9/2012 S Died on Calendar
    Location: On 2nd Reading Calendar

    Citations - Statutes (7)

    Citation Catchline Location in Bill Location In Bill Help
    95.11 Limitations other than for the recovery of real property. Page 2 (pdf)
    702.06 Deficiency decree; common-law suit to recover deficiency. Page 3 (pdf)
    702.10 Order to show cause; entry of final judgment of foreclosure; payment during foreclosure. Page 4 (pdf)
    702.11 Page 8 (pdf)
    702.12 Page 10 (pdf)
    702.13 Page 21 (pdf)
    702.14 Page 22 (pdf)

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