Florida Senate - 2012                                    SB 1890
       
       
       
       By Senator Latvala
       
       
       
       
       16-00993A-12                                          20121890__
    1                        A bill to be entitled                      
    2         An act relating to mortgage foreclosure proceedings;
    3         providing a short title; specifying the public policy
    4         of this state with respect to mortgage foreclosure
    5         proceedings; amending s. 95.11, F.S.; specifying the
    6         limitation period for initiating an action to collect
    7         a deficiency following the foreclosure of certain
    8         dwellings; amending s. 701.04, F.S.; specifying
    9         requirements for a holder of a mortgage to provide an
   10         estoppel statement to certain persons requesting the
   11         payoff amount for the mortgage; specifying the
   12         required contents of the estoppel statement; requiring
   13         a person who provides a mortgage satisfaction to
   14         provide supplemental information if the person was not
   15         the owner of the mortgage; requiring certain persons
   16         who are not a mortgagor to provide information showing
   17         the requestor’s ownership interest in the property to
   18         the mortgageholder when making a request for the
   19         payoff amount of the mortgage; specifying documents
   20         that the person who provides the mortgage satisfaction
   21         must provide to the payor of a mortgage note;
   22         specifying a fee for failing to timely provide the
   23         required documents to the payor; authorizing the use
   24         of a summary procedure to compel compliance with
   25         requirements to provide an estoppel statement or the
   26         documents that must be provided by the person who
   27         provides a mortgage satisfaction; creating s. 701.045,
   28         F.S.; requiring certain individuals to execute
   29         instruments acknowledging the satisfaction of liens
   30         and judgments and to provide a certified copy of the
   31         recorded satisfaction to the person who made the full
   32         payment; requiring certain persons to request return
   33         of a writ of execution to be returned by the sheriff
   34         as fully satisfied; requiring a person who receives
   35         full payment of a judgment lien to deliver a statement
   36         to the judgment debtor specifying that the lien has
   37         been satisfied and released; creating s. 702.015,
   38         F.S.; specifying required contents of a complaint
   39         seeking to foreclose on certain types of residential
   40         properties with respect to the authority of the
   41         plaintiff to foreclose on the note and the location of
   42         the note; creating s. 702.034, F.S.; requiring a
   43         foreclosing party in certain mortgage foreclosure
   44         actions to provide notice to the mortgagors and
   45         tenants relating to their rights and obligations;
   46         specifying the form and contents of the notice;
   47         amending s. 702.035, F.S.; making technical and
   48         grammatical changes to publication requirements for
   49         legal notices concerning foreclosure proceedings;
   50         creating s. 702.036, F.S.; requiring a court to treat
   51         a challenge to a final judgment of foreclosure as a
   52         claim for monetary damages under certain
   53         circumstances; amending s. 702.04, F.S.; providing
   54         that proceedings to foreclose a lien on certain
   55         properties located in more than one county must be
   56         conducted in one of the counties within which the
   57         property is located; requiring the certificates of
   58         title to the foreclosed property to be recorded in
   59         every county in which the property is located; making
   60         technical and grammatical changes; amending s. 702.06,
   61         F.S.; providing that a person who forecloses on a
   62         mortgage may not initiate an action to recover a
   63         deficiency if the court in the foreclosure action has
   64         granted or denied a claim for a deficiency judgment;
   65         requiring a separate action to recover a deficiency to
   66         be initiated within a certain time period; amending s.
   67         702.065, F.S.; specifying a threshold amount of a
   68         claim for attorney fees below which the parties are
   69         not required to file affidavits of reasonable attorney
   70         fees and the court is not required to hold a hearing
   71         or adjudge the requested fees as reasonable; amending
   72         s. 702.10, F.S.; requiring that a complaint in a
   73         foreclosure proceeding be in the form of an affidavit
   74         sufficient to support a motion for a summary judgment;
   75         authorizing the plaintiff to request the clerk to
   76         issue a summons to the defendants to show cause why a
   77         final judgment of foreclosure should not be entered;
   78         specifying the time at which a show cause hearing may
   79         be held; providing that the filing of defenses by
   80         motion or by a responsive pleading may constitute
   81         cause for the court not to enter a final judgment of
   82         foreclosure; providing that the failure to file a
   83         response to the summons may constitute a waiver of the
   84         right to a hearing; specifying a threshold amount of a
   85         claim for attorney fees below which the parties are
   86         not required to file affidavits of reasonable attorney
   87         fees and the court is not required to hold a hearing
   88         or adjudge the requested fees as reasonable; requiring
   89         a court to promptly enter a judgment of foreclosure
   90         under certain circumstances if the defendants waive
   91         the right to be heard in a show cause hearing;
   92         authorizing a mortgagee to request a court to order a
   93         defendant to show cause why an order to make payments
   94         during the pendency of a foreclosure proceeding should
   95         be issued with respect to property other than a
   96         homestead; creating a rebuttable presumption of the
   97         homestead status of certain properties; creating s.
   98         702.11, F.S.; specifying security that may be
   99         determined by the court as adequate protection against
  100         a loss by another person seeking to enforce the
  101         mortgage; authorizing the holder of a note to initiate
  102         an action against a person who wrongfully claimed to
  103         be entitled to enforce the note for damages and
  104         attorney fees and costs; authorizing the holder of the
  105         note to pursue the recovery against any adequate
  106         protections given by the person who wrongfully claimed
  107         to be entitled to enforce the note; creating s.
  108         702.12, F.S.; providing for the award of attorney fees
  109         and the imposition of sanctions for raising
  110         unsupported claims or defenses or causing an
  111         unreasonable delay in a foreclosure proceeding;
  112         creating s. 702.13, F.S.; establishing expedited
  113         foreclosure proceedings for abandoned residential real
  114         property and procedures and requirements with respect
  115         thereto; creating s. 702.14, F.S.; providing
  116         procedures and requirements for actions to foreclose
  117         on mortgages on actual or potential homestead
  118         property; creating s. 702.15, F.S.; requiring owners
  119         and landlords of property in the process of
  120         foreclosure to provide certain notice and disclosures
  121         to tenants or prospective tenants; providing penalties
  122         for failing to give such notice or make the required
  123         disclosures; creating s. 702.16, F.S.; requiring
  124         certain documents to be filed contemporaneously with
  125         the filing of an initial complaint for foreclosure;
  126         providing for application of the act; providing an
  127         effective date.
  128  
  129  Be It Enacted by the Legislature of the State of Florida:
  130  
  131         Section 1. This act may be cited as the “Florida Fair
  132  Foreclosure Act.”
  133         Section 2. The public policy in this state is to encourage
  134  borrowers and lenders to pursue alternatives to mortgage
  135  foreclosure before filing suit and to explore possible
  136  settlements in mediation. Once suit has been filed, the public
  137  interest is served by maintaining the strong tradition of
  138  judicial due process in mortgage foreclosure cases while moving
  139  mortgage foreclosure cases to final resolution expeditiously in
  140  order to return real property to the stream of commerce, but to
  141  do so consistent with due process and fundamental fairness and
  142  without impairing the ability of the courts to manage their
  143  dockets and schedules. This act is an effort to provide
  144  additional tools to the courts to assist in achieving such a
  145  balance.
  146         Section 3. Paragraph (b) of subsection (2) and subsection
  147  (5) of section 95.11, Florida Statutes, are amended to read:
  148         95.11 Limitations other than for the recovery of real
  149  property.—Actions other than for recovery of real property shall
  150  be commenced as follows:
  151         (2) WITHIN FIVE YEARS.—
  152         (b) A legal or equitable action on a contract, obligation,
  153  or liability founded on a written instrument, except for an
  154  action to enforce a claim against a payment bond, which shall be
  155  governed by the applicable provisions of ss. 255.05(10) and
  156  713.23(1)(e), and except for an action for a deficiency
  157  judgment, which shall be governed by paragraph (5)(c) and s.
  158  702.06.
  159         (5) WITHIN ONE YEAR.—
  160         (a) An action for specific performance of a contract.
  161         (b) An action to enforce an equitable lien arising from the
  162  furnishing of labor, services, or material for the improvement
  163  of real property.
  164         (c) An action to enforce rights under the Uniform
  165  Commercial Code—Letters of Credit, chapter 675.
  166         (d) An action against any guaranty association and its
  167  insured, with the period running from the date of the deadline
  168  for filing claims in the order of liquidation.
  169         (e) An action to enforce any claim against a payment bond
  170  on which the principal is a contractor, subcontractor, or sub
  171  subcontractor as defined in s. 713.01, for private work as well
  172  as public work, from the last furnishing of labor, services, or
  173  materials or from the last furnishing of labor, services, or
  174  materials by the contractor if the contractor is the principal
  175  on a bond on the same construction project, whichever is later.
  176         (f) Except for actions described in subsection (8), a
  177  petition for extraordinary writ, other than a petition
  178  challenging a criminal conviction, filed by or on behalf of a
  179  prisoner as defined in s. 57.085.
  180         (g) Except for actions described in subsection (8), an
  181  action brought by or on behalf of a prisoner, as defined in s.
  182  57.085, relating to the conditions of the prisoner’s
  183  confinement.
  184         (h) An action under s. 702.06, to collect a deficiency
  185  following the foreclosure of an owner-occupied, one-family to
  186  four-family dwelling unit.
  187         Section 4. Section 701.04, Florida Statutes, is amended to
  188  read:
  189         701.04 Cancellation of mortgages, liens, and judgments.—
  190         (1)(a) If a mortgagor, a holder of an interest in property
  191  encumbered by a mortgage, or a designee of either makes a
  192  written request for the payoff amount of the mortgage as of a
  193  certain date, the holder of the mortgage shall provide a written
  194  estoppel statement executed by an officer or authorized agent of
  195  the holder of the mortgage to the person making the request
  196  within 15 days after the date the request was received. The
  197  estoppel statement shall be delivered to the place, facsimile
  198  number, or e-mail address designated in the written request. The
  199  estoppel statement shall set Within 14 days after receipt of the
  200  written request of a mortgagor, the holder of a mortgage shall
  201  deliver to the mortgagor at a place designated in the written
  202  request an estoppel letter setting forth:
  203         1. The unpaid balance of the loan secured by the mortgage,
  204  including principal, all accrued interest, and any other charges
  205  properly due under or secured by the mortgage as of the date
  206  specified in the request. and
  207         2. Interest on a per-day basis for the unpaid balance for a
  208  period of at least 20 days after the date specified in the
  209  request.
  210         3. A certification that the party providing the estoppel
  211  statement is the holder of the original promissory note secured
  212  thereby, or is the person or agent of the person entitled to
  213  enforce the note pursuant to s. 673.3011.
  214         4.A commitment to comply with paragraph (d) upon timely
  215  receipt of the amounts set forth in the estoppel statement.
  216         (b)The mortgagee may not charge a fee for the preparation
  217  or delivery of the first two estoppel statements requested for
  218  any one mortgage in any calendar month. This paragraph is not
  219  intended to limit requirements of federal law.
  220         (c) Subsequent owners of the property encumbered by the
  221  mortgage, and creditors and lienholders taking an interest in
  222  the property for a valuable consideration, and those claiming
  223  by, through, and under them, may rely on the estoppel statement
  224  and are entitled to the benefits of the statement.
  225         (d) Whenever the amount of money due on a any mortgage,
  226  lien, or judgment is shall be fully paid to the person or party
  227  entitled to the payment thereof, or all obligations secured by
  228  the mortgage or lien are otherwise satisfied, the mortgagee,
  229  creditor, or assignee, or the attorney of record in the case of
  230  a judgment, to whom such payment has shall have been made or
  231  satisfaction has been given, shall execute in writing an
  232  instrument acknowledging satisfaction of the said mortgage,
  233  lien, or judgment and have the same acknowledged, or proven, and
  234  recorded duly entered of record in the official records book
  235  provided by law for such purposes in the proper county. If the
  236  person or party executing the satisfaction is not shown as the
  237  owner of the mortgage in the official records, the instrument
  238  shall be supplemented by an affidavit that the person executing
  239  the satisfaction is in physical possession of the original
  240  promissory note secured by the mortgage or was entitled to
  241  enforce the note pursuant to s. 673.3011. If the person was
  242  entitled only to enforce the note, but was not in possession of
  243  the note, the person shall provide in the affidavit the specific
  244  factual basis for such authority.
  245         (e)If the written request for the payoff amount for the
  246  mortgage as of a certain date is not from the mortgagor or the
  247  designee of the mortgagor, the request must include a copy of
  248  the instrument or instruments showing the requestor’s ownership
  249  interest in the property. The mortgageholder, in response to the
  250  request, is not required to itemize the unpaid balance of the
  251  loan secured by the mortgage.
  252         (2)(a) Within 60 days after of the date of receipt of the
  253  full payment of the mortgage in accord with the estoppel
  254  statement, lien, or judgment, the person required to acknowledge
  255  satisfaction of the mortgage, lien, or judgment shall send or
  256  cause to be sent the recorded satisfaction to the maker of the
  257  promissory note, or such other person as may be designated in
  258  writing by the payor at or after the final payment, a certified
  259  copy of the recorded satisfaction. The person shall send to the
  260  payor of a mortgage note:
  261         1. The original promissory note, marked “paid in full”; or
  262         2. An affidavit stating that the note was lost, destroyed,
  263  or stolen, together with exhibits in compliance with s. 702.015
  264  and evidence of adequate protections as provided in s. 702.11.
  265         (b) If the documents required by this subsection are not
  266  delivered within 60 days, the party who received payment on the
  267  note or mortgage shall pay to the maker of the promissory note
  268  or its designee a fee in the amount of $100 per day for each day
  269  beyond 60 days that the documents have not been delivered. The
  270  aggregate fees under this paragraph may not exceed $5,000.
  271         (3) A summary procedure pursuant to s. 51.011 may be
  272  brought to compel compliance with the requirements of this
  273  section, and the prevailing party shall recover reasonable
  274  attorney fees and costs. The court may limit recovery of
  275  attorney fees and costs if an unreasonable number of requests
  276  for estoppel statements have been made. person who has made the
  277  full payment. In the case of a civil action arising out of the
  278  provisions of this section, the prevailing party shall be
  279  entitled to attorney’s fees and costs.
  280         (4)(2) Whenever a writ of execution has been issued,
  281  docketed, and indexed with a sheriff and the judgment upon which
  282  it was issued has been fully paid, it is shall be the
  283  responsibility of the party receiving payment to request, in
  284  writing, addressed to the sheriff, return of the writ of
  285  execution as fully satisfied.
  286         Section 5. Section 701.045, Florida Statutes, is created to
  287  read:
  288         701.045Cancellation of liens and judgments.—
  289         (1) Whenever the amount of money due on a lien, other than
  290  a mortgage, or judgment is fully paid, the person or party
  291  entitled to payment, or the creditor or assignee, to whom
  292  payment has been made shall execute in writing an instrument
  293  acknowledging satisfaction of the lien or judgment and have it
  294  acknowledged or proven and recorded in the official records in
  295  the proper county. Within 60 days after the date of receipt of
  296  the full payment of the lien or judgment, the person required to
  297  acknowledge satisfaction of the lien or judgment shall send a
  298  certified copy of the recorded satisfaction to the person who
  299  made the full payment. In the case of a civil action arising out
  300  of this section, the prevailing party is entitled to attorney
  301  fees and costs.
  302         (2) Whenever a writ of execution has been issued, docketed,
  303  and indexed with a sheriff and the judgment upon which it was
  304  issued has been fully paid, the party receiving payment shall
  305  request, in writing and addressed to the sheriff, return of the
  306  writ of execution as fully satisfied.
  307         (3) The party receiving full payment of any judgment shall
  308  also comply with s. 55.206 relating to statements releasing a
  309  judgment lien.
  310         Section 6. Section 702.015, Florida Statutes, is created to
  311  read:
  312         702.015Elements of complaint; lost, destroyed, or stolen
  313  note affidavit.—
  314         (1) Any complaint that seeks to foreclose a mortgage or
  315  other lien on residential real property, including individual
  316  units of condominiums and cooperatives, designed principally for
  317  occupation by from one to four families, but not including an
  318  interest in a timeshare property, which secures a promissory
  319  note must:
  320         (a) Contain affirmative allegations expressly made by the
  321  plaintiff at the time the proceeding is commenced that the
  322  plaintiff is the holder of the original note secured by the
  323  mortgage; or
  324         (b) Allege with specificity the factual basis by which the
  325  plaintiff is a person entitled to enforce the note under s.
  326  673.3011.
  327         (2) If a party has been delegated the authority to
  328  institute a mortgage foreclosure action on behalf of the holder
  329  of the note, the complaint shall describe the authority of the
  330  plaintiff and identify, with specificity, the document that
  331  grants the plaintiff the authority to act on behalf of the
  332  holder of the note. This subsection is intended to require
  333  initial disclosure of status and pertinent facts and not to
  334  modify law regarding standing or real parties in interest.
  335         (3) If the plaintiff is in physical possession of the
  336  original promissory note, the plaintiff must file with the
  337  court, contemporaneously with and as a condition precedent to
  338  the filing of the complaint for foreclosure, certification,
  339  under penalty of perjury, that the plaintiff is in physical
  340  possession of the original promissory note. The certification
  341  must set forth the physical location of the note, the name and
  342  title of the individual giving the certification, and the name
  343  of the person who personally verified such physical possession,
  344  and the time and date on which possession was verified. Correct
  345  copies of the note and all allonges to the note must be attached
  346  to the certification. The original note and the allonges must be
  347  filed with the court before the entry of any judgment of
  348  foreclosure or judgment on the note.
  349         (4) If the plaintiff seeks to enforce a lost, destroyed, or
  350  stolen instrument, an affidavit executed under penalty of
  351  perjury must be attached to the complaint. The affidavit must:
  352         (a) Detail a clear chain of all assignments for the
  353  promissory note that is the subject of the action.
  354         (b) Set forth facts showing that the plaintiff is entitled
  355  to enforce a lost, destroyed, or stolen instrument pursuant to
  356  s. 673.3091.
  357         (c) Include as exhibits to the affidavit such copies of the
  358  note and the allonges to the note, assignments of mortgage,
  359  audit reports showing physical receipt of the original note, or
  360  other evidence of the acquisition, ownership, and possession of
  361  the note as may be available to the plaintiff.
  362         Section 7. Section 702.034, Florida Statutes, is created to
  363  read:
  364         702.034 Notice of rights and obligations of mortgagors and
  365  tenants by foreclosing party.—
  366         (1) The foreclosing party in a mortgage foreclosure action
  367  involving residential real property, including individual units
  368  of condominiums and cooperatives, designed principally for
  369  occupancy by from one to four families, but not including an
  370  interest in a timeshare property, shall provide notice
  371  substantially in accordance with this section to:
  372         (a) A mortgagor having an interest in the property and the
  373  record title owners of the property; and
  374         (b) All tenants of a dwelling unit on the property if the
  375  foreclosing party is seeking to foreclose the interest of the
  376  tenants.
  377         (2) The notice required under paragraph (1)(a) shall:
  378         (a) Be delivered along with the summons and complaint. The
  379  notice must be in 14-point boldfaced type and the title of the
  380  notice must be in 20-point boldfaced type. The notice must be on
  381  its own page.
  382         (b) Appear as follows:
  383  
  384            NOTICE: YOU ARE IN DANGER OF LOSING YOUR HOME          
  385  
  386         If you fail to respond to the summons and complaint in
  387         this foreclosure action, you may lose your home.
  388         Please read the summons and complaint carefully. You
  389         should immediately contact an attorney or your local
  390         legal aid office to obtain advice on how to protect
  391         yourself. Sending a payment to your mortgage company
  392         will not stop this foreclosure action.
  393  
  394         YOU MUST RESPOND BY PREPARING A FORMAL WRITTEN
  395         RESPONSE AND DELIVERING A COPY OF YOUR RESPONSE TO THE
  396         ATTORNEY FOR THE PLAINTIFF (LENDER) AND BY FILING THE
  397         ORIGINAL RESPONSE WITH THE COURT WITHIN 20 DAYS AFTER
  398         BEING SERVED. THERE IS NO CHARGE FOR FILING THE
  399         WRITTEN RESPONSE. A TELEPHONE CALL OR E-MAIL TO THE
  400         ATTORNEY FOR THE PLAINTIFF WILL NOT SATISFY THE
  401         REQUIREMENT TO FILE A RESPONSE. THIS LAWSUIT DOES NOT
  402         MEAN THAT YOU MUST IMMEDIATELY MOVE OUT OF YOUR
  403         PROPERTY.
  404  
  405         SOURCES OF INFORMATION AND ASSISTANCE:
  406         The state encourages you to become informed about your
  407         options in foreclosure. You should contact a licensed
  408         Florida attorney to assist you. If you cannot afford
  409         an attorney, your local legal aid office may be able
  410         to assist you at little or no cost. You may also wish
  411         to contact government agencies and nonprofit
  412         organizations that may provide you with cost-free
  413         information about possible options, including working
  414         with your lender during this process.
  415  
  416         FORECLOSURE RESCUE SCAMS:
  417         Be cautious of people who approach you with offers to
  418         help you keep your home. Some individuals watch for
  419         notices of foreclosure actions in order to unfairly
  420         profit from a homeowner’s distress. You should be
  421         extremely cautious about any promises for help and any
  422         suggestions that you should pay these individuals a
  423         fee or transfer the deed to your property to them.
  424         State law requires any nonattorney offering such
  425         services for profit to enter into a contract that
  426         fully describes the services they will perform and the
  427         fees they will charge. State law also prohibits the
  428         person from taking any money from you until they have
  429         completed all such promised services.
  430  
  431         (3) The notice to any tenant required under paragraph
  432  (1)(b) shall:
  433         (a) Be delivered with the summons and complaint. The title
  434  of the notice must be in 14-point boldfaced type and the title
  435  of the notice must be in 20-point boldfaced type. The notice
  436  must be on its own page.
  437         (b) Appear substantially as follows:
  438  
  439            NOTICE TO TENANTS OF BUILDINGS IN FORECLOSURE          
  440  
  441         Florida law requires that you be provided with this
  442         notice about the foreclosure process. Please read it
  443         carefully.
  444  
  445         We, ...(name of foreclosing party)..., are the
  446         foreclosing party and are located at ...(foreclosing
  447         party’s address).... We can be reached at
  448         ...(foreclosing party’s telephone number)....
  449  
  450         The property you are renting is the subject of a
  451         foreclosure proceeding. You should file a written
  452         response to this summons and complaint and deliver a
  453         copy of the written response to the attorney for the
  454         plaintiff and file the original with the court within
  455         20 days after being served. There is no charge for
  456         filing the written response. A telephone call or an e
  457         mail to the attorney for the plaintiff will not
  458         satisfy the requirement to file a response. If you
  459         have a written lease and are not the owner of the
  460         residence, and the lease required payment of rent
  461         that, at the time it was entered into, was not
  462         substantially less than the fair market rent for the
  463         property, you may be entitled to remain in occupancy
  464         under the federal Protecting Tenants at Foreclosure
  465         Act of 2009. If you do not have a written lease, under
  466         the same federal law you may be entitled to remain in
  467         your home until 90 days after the person or entity
  468         that acquires title to the property provides you with
  469         a notice to vacate the premises. If you are a
  470         subsidized tenant under federal, state, or local law
  471         or if you are a tenant subject to rent control, rent
  472         stabilization, or a federal statutory scheme, you may
  473         have other rights. If the federal Protecting Tenants
  474         at Foreclosure Act of 2009 and these other laws do not
  475         apply to your situation, you may be required to vacate
  476         the property upon completion of the foreclosure. The
  477         filing of a foreclosure action does not automatically
  478         terminate your obligation to pay rent to your
  479         landlord. You should contact a licensed Florida
  480         attorney to understand your rights. If you cannot
  481         afford an attorney, your local legal aid office may be
  482         able to assist you at little or no cost to you.
  483  
  484         (4) Only one notice is required under this section for any
  485  party defendant.
  486         (5) The notice required by subsections (1)-(3) is
  487  informational only. The failure to strictly comply with the
  488  notice requirements of this section does not affect the validity
  489  of any final judgment of foreclosure which may be granted, or
  490  give rise to any independent cause of action or claim for
  491  damages against the plaintiff or any other party.
  492         Section 8. Section 702.035, Florida Statutes, is amended to
  493  read:
  494         702.035 Publication requirements for legal notices notice
  495  concerning foreclosure proceedings.—Whenever a legal
  496  advertisement, publication, or notice relating to a foreclosure
  497  proceeding is required to be placed in a newspaper, it is the
  498  responsibility of the petitioner or petitioner’s attorney is
  499  responsible for placing the to place such advertisement,
  500  publication, or notice. For counties having a total population
  501  greater with more than 1 million total population as reflected
  502  in the 2010 2000 Official Decennial Census of the United States
  503  Census Bureau as shown on the official website of the United
  504  States Census Bureau, any notice of publication required by this
  505  section shall be deemed to have been published in accordance
  506  with the law if the notice is published in a newspaper that has
  507  been entered as a periodical matter at a post office in the
  508  county in which the newspaper is published, is published a
  509  minimum of 5 days a week, exclusive of legal holidays, and has
  510  been in existence and published a minimum of 5 days a week,
  511  exclusive of legal holidays, for 1 year or is a direct successor
  512  to a newspaper that has been in existence for 1 year that has
  513  been published a minimum of 5 days a week, exclusive of legal
  514  holidays. The advertisement, publication, or notice shall be
  515  placed directly by the attorney for the petitioner, by the
  516  petitioner if acting pro se, or by the clerk of the court. Only
  517  the actual costs charged by the newspaper for the advertisement,
  518  publication, or notice may be charged as costs in the action.
  519         Section 9. Section 702.036, Florida Statutes, is created to
  520  read:
  521         702.036 Finality of mortgage foreclosure judgment.—
  522         (1)(a) In an action or proceeding in which a party seeks to
  523  set aside, invalidate, or challenge the validity of a final
  524  judgment of foreclosure of a mortgage or to establish or
  525  reestablish a lien or encumbrance on the property in abrogation
  526  of the final judgment of foreclosure of a mortgage, the court
  527  shall treat such request solely as a claim for monetary damages
  528  and may not grant relief that adversely affects the quality or
  529  character of the title to the property, if:
  530         1. A final judgment of foreclosure of a mortgage has been
  531  entered as to a property;
  532         2. All applicable appeals periods have run as to the final
  533  judgment of foreclosure of a mortgage and an appeal has not been
  534  filed or, if an appeal has been filed, it has not been finally
  535  resolved;
  536         3. The property has been acquired for value, by a person
  537  not affiliated with the foreclosing lender or the foreclosed
  538  owner, at a time in which no lis pendens regarding the suit to
  539  set aside, invalidate, or challenge the foreclosure appears in
  540  the official records of the county where the property was
  541  located; and
  542         4. The party seeking relief from the final judgment of
  543  foreclosure of a mortgage has been properly served in the
  544  foreclosure lawsuit as provided in chapter 48 or chapter 49.
  545         (b) This subsection does not limit the right to pursue any
  546  other relief to which a person may be entitled, including, but
  547  not limited to, compensatory damages, punitive damages,
  548  statutory damages, consequential damages, injunctive relief, or
  549  fees and costs, and which does not adversely affect the
  550  ownership of the title to the property as vested in the
  551  unaffiliated purchaser for value.
  552         (2) For purposes of this section, the following, without
  553  limitation, shall be considered persons affiliated with the
  554  foreclosing lender:
  555         (a) The foreclosing lender or any loan servicer for the
  556  loan being foreclosed;
  557         (b) Any past or present owner or holder of the loan being
  558  foreclosed;
  559         (c) Any maintenance company, holding company, foreclosure
  560  services company, or law firm under contract to any entity
  561  listed in paragraph (a), paragraph (b), or this paragraph, with
  562  regard to the loan being foreclosed; or
  563         (d) Any parent entity, subsidiary, or other person who
  564  directly, or indirectly through one or more intermediaries,
  565  controls or is controlled by, or is under common control with,
  566  any entity listed in paragraph (a), paragraph (b), or paragraph
  567  (c).
  568         (3) After foreclosure of a mortgage based upon the
  569  enforcement of a lost, destroyed, or stolen note, a person who
  570  is not a party to the underlying foreclosure action but who
  571  claims to be the actual holder of the promissory note secured by
  572  the foreclosed mortgage does not have a claim against the
  573  foreclosed property after it has been conveyed for valuable
  574  consideration to a person not affiliated with the foreclosing
  575  lender or the foreclosed owner. This section does not preclude
  576  the actual holder of the note from pursuing recovery from any
  577  adequate protection given under s. 673.3091 by the person who
  578  enforced the note or from the party who wrongfully claimed to be
  579  the owner or holder of the promissory note or the maker of the
  580  note or from any other person against whom the actual holder of
  581  the note may have a claim relating to the note.
  582         Section 10. Section 702.04, Florida Statutes, is amended to
  583  read:
  584         702.04 Foreclosing mortgages and liens on Mortgaged lands
  585  in different counties.—If When a mortgage or other lien applies
  586  to includes lands, railroad track, right-of-way, or terminal
  587  facilities and station grounds, located lying in two or more
  588  than one county counties, the mortgage or lien it may be
  589  foreclosed in any one of the said counties where the property is
  590  located., and All proceedings relating to the mortgage or lien
  591  shall occur be had in the same that county as if all the
  592  mortgaged land, railroad track, right-of-way, or terminal
  593  facilities and station grounds lay in the same county. However
  594  therein, any except that notice of the sale of foreclosed
  595  property must be published in every county where wherein any of
  596  the lands, railroad track, right-of-way, or terminal facilities
  597  and station grounds to be sold are located lie. After final
  598  disposition of the suit, the clerk of the circuit court shall
  599  prepare and forward a certified copy of the decree of
  600  foreclosure, and the certificates of title, if any, and sale and
  601  of the decree of confirmation of sale to the clerk of the
  602  circuit court of every county where wherein any of the mortgaged
  603  lands, railroad tracks, right-of-way, or terminal facilities and
  604  station grounds are located lie, to be recorded in the official
  605  records foreign judgment book of each such county, and the costs
  606  of such copies and of the recording the decree of foreclosure
  607  and the certificates of title record thereof shall be taxed as
  608  costs in the cause.
  609         Section 11. Section 702.06, Florida Statutes, is amended to
  610  read:
  611         702.06 Deficiency decree; common-law suit to recover
  612  deficiency.—
  613         (1) In an action all suits for the foreclosure of a
  614  mortgage, mortgages heretofore or hereafter executed the entry
  615  of a deficiency decree for any portion of a deficiency, should
  616  one exist, must shall be commenced within 1 year after the sale
  617  date of the mortgaged property pursuant to a court foreclosure
  618  sale or short sale. If not commenced within 1 year after sale,
  619  any attempt to collect a deficiency judgment shall be barred.
  620  The amount of the deficiency judgment may not exceed the
  621  difference between the outstanding debt and the fair market
  622  value of the property on the date of sale. The amount of the
  623  deficiency judgment may be set off by the amount collected by
  624  the servicer or lender pursuant to any mortgage insurance held
  625  on the property purchased by the borrower. the sound judicial
  626  discretion of the court, but The complainant shall also have the
  627  right to sue at common law to recover such deficiency, unless
  628  the court in the foreclosure action has granted or denied a
  629  claim for a deficiency judgment provided no suit at law to
  630  recover such deficiency shall be maintained against the original
  631  mortgagor in cases where the mortgage is for the purchase price
  632  of the property involved and where the original mortgagee
  633  becomes the purchaser thereof at foreclosure sale and also is
  634  granted a deficiency decree against the original mortgagor.
  635         (2)(a) With respect to an owner-occupied, one-family to
  636  four-family dwelling unit, the party to whom a deficiency is
  637  owing may move for the entry of a deficiency judgment in the
  638  foreclosure action or file a separate action for collection of
  639  the deficiency, The separate action must be filed within 1 year
  640  after the property has vested in the foreclosing lender or other
  641  purchaser at the foreclosure sale.
  642         (b) If a deficiency is not pursued within the time period
  643  specified in this subsection, the vesting of the property or
  644  proceeds of the sale, regardless of the amount, shall be deemed
  645  to be in full satisfaction of the judgment debt and a right to
  646  recover any deficiency in any subsequent action or proceeding is
  647  extinguished.
  648         (c) This subsection does not restrict the authority of the
  649  court to determine the entitlement to any assets held by any
  650  receiver or any assignee of the rents and profits of the
  651  property.
  652         Section 12. Section 702.065, Florida Statutes, is amended
  653  to read:
  654         702.065 Final judgment in uncontested mortgage foreclosure
  655  proceedings where deficiency judgment waived; attorney
  656  attorney’s fees when default judgment entered.—
  657         (1) In uncontested mortgage foreclosure proceedings in
  658  which the mortgagee waives the right to recoup any deficiency
  659  judgment, the court shall enter final judgment within 90 days
  660  after from the date of the close of pleadings. For the purposes
  661  of this subsection, a mortgage foreclosure proceeding is
  662  uncontested if a default has been entered against all defendants
  663  or no response an answer not contesting the foreclosure has been
  664  timely filed or a default judgment has been entered by the
  665  court.
  666         (2) In a mortgage foreclosure proceeding, the parties are
  667  not required to file affidavits of reasonable fees and the court
  668  is not required to hold a hearing or adjudge the requested
  669  attorney fees to be reasonable if: when a default judgment has
  670  been entered against the mortgagor and
  671         (a) The note or mortgage provides for the award of
  672  reasonable attorney attorney’s fees; and, it is not necessary
  673  for the court to hold a hearing or adjudge the requested
  674  attorney’s fees to be reasonable if
  675         (b) The fees do not exceed the greater of 1.5 3 percent of
  676  the principal amount owed at the time of filing the complaint or
  677  $1,500,
  678  
  679  even if the note or mortgage does not specify the percentage of
  680  the original amount that would be paid as liquidated damages.
  681  Such fees constitute liquidated damages in any proceeding to
  682  enforce the note or mortgage.
  683         (3) This section does not preclude a challenge, in the same
  684  action, to the reasonableness of the attorney attorney’s fees.
  685         Section 13. Section 702.10, Florida Statutes, is amended to
  686  read:
  687         702.10 Order to Show cause hearing; entry of final judgment
  688  of foreclosure; payment during foreclosure.—
  689         (1) After a complaint in a foreclosure proceeding has been
  690  filed which is verified in the form of an affidavit sufficient
  691  to support a motion for summary judgment, the plaintiff
  692  mortgagee may request a hearing to show cause an order to show
  693  cause for the entry of final judgment and the court shall
  694  immediately review the complaint. Upon such request, the clerk
  695  If, upon examination of the complaint, the court finds that the
  696  complaint is verified and alleges a cause of action to foreclose
  697  on real property, the court shall promptly issue a summons an
  698  order directed to each the defendant to show cause why a final
  699  judgment of foreclosure should not be entered.
  700         (a) The summons order shall:
  701         1. Set the date and time for a hearing on the order to show
  702  cause. However, the date for the hearing may not occur be set
  703  sooner than 20 days after the service of the summons or 45 days
  704  after the service of the complaint, whichever is later order. If
  705  When service is obtained by publication, the date for the
  706  hearing may not be set sooner than 55 30 days after the first
  707  publication. The hearing must be held within 60 days after the
  708  date of service. Failure to hold the hearing within such time
  709  does not affect the validity of the order to show cause or the
  710  jurisdiction of the court to issue subsequent orders.
  711         2. Direct the time within which service of the order to
  712  show cause and the complaint must be made upon the defendant.
  713         2.3. State that the filing of defenses by a motion or by a
  714  responsive pleading verified or sworn answer at or before the
  715  hearing to show cause may constitute constitutes cause for the
  716  court not to enter a the attached final judgment of foreclosure.
  717         3.4. State that any the defendant has the right to file
  718  affidavits or other papers at or before the time of the hearing
  719  to show cause and may appear personally or by way of an attorney
  720  at the hearing.
  721         4.5. State that, if a the defendant files defenses by a
  722  motion, the hearing time may be used to hear the defendant’s
  723  motion.
  724         5.6. State that, if a the defendant fails to appear at the
  725  hearing to show cause or fails to file a response defenses by a
  726  motion or by a verified or sworn answer or files an answer not
  727  contesting the foreclosure, the defendant is deemed may be
  728  considered to have waived the right to a hearing and in such
  729  case the court shall, unless the record shows that the relief is
  730  unavailable, may enter a final judgment of foreclosure ordering
  731  the clerk of the court to conduct a foreclosure sale.
  732         6.7. State that the parties are not required to file
  733  affidavits of reasonable fees and the court is not required to
  734  hold a hearing or adjudge the requested attorney fees to be
  735  reasonable if the mortgage provides for reasonable attorney
  736  attorney’s fees and the requested attorney attorney’s fees do
  737  not exceed the greater of 1.5 3 percent of the principal amount
  738  owed at the time of filing the complaint or $1,500, it is
  739  unnecessary for the court to hold a hearing or adjudge the
  740  requested attorney’s fees to be reasonable.
  741         7.8.Include as an attachment to the summons Attach the
  742  proposed final judgment of foreclosure the plaintiff requests
  743  the court to will enter, if the defendant waives the right to be
  744  heard at the hearing on the order to show cause.
  745         8.9. Require the plaintiff mortgagee to serve a copy of the
  746  summons order to show cause on each defendant the mortgagor in
  747  the following manner:
  748         a. If a defendant the mortgagor has been served with the
  749  complaint and original process, service of the summons to show
  750  cause on that defendant order may be made in the manner provided
  751  in the Florida Rules of Civil Procedure.
  752         b. If a defendant the mortgagor has not been served with
  753  the complaint and original process, the summons order to show
  754  cause, together with the summons and a copy of the complaint,
  755  shall be served on the defendant mortgagor in the same manner as
  756  provided by law for original process.
  757  
  758  Any final judgment of foreclosure entered under this subsection
  759  is for in rem relief only. Nothing in This subsection does not
  760  shall preclude the entry of a deficiency judgment where
  761  otherwise allowed by law.
  762         (b) The right to be heard at the hearing to show cause is
  763  waived if a the defendant, after being served as provided by law
  764  with a an order to show cause summons, fails to file a response
  765  contesting the foreclosure which would be sufficient to preclude
  766  the entry of a summary judgment, and fails engages in conduct
  767  that clearly shows that the defendant has relinquished the right
  768  to be heard on that order. The defendant’s failure to file
  769  defenses by a motion or by a sworn or verified answer or to
  770  appear at the hearing duly scheduled on the order to show cause
  771  summons presumptively constitutes conduct that clearly shows
  772  that the defendant has relinquished the right to be heard. If a
  773  defendant:
  774         1. Files a response contesting the foreclosure at or before
  775  the hearing and the response would be sufficient to preclude the
  776  entry of a summary judgment; or
  777         2. Appears at the hearing and presents evidence or argument
  778  sufficient to preclude the entry of a summary judgment defenses
  779  by a motion or by a verified or sworn answer at or before the
  780  hearing,
  781  
  782  such actions constitute action constitutes cause upon the
  783  determination of the court as set forth in paragraph (d) and
  784  shall preclude precludes the entry of a final judgment at the
  785  hearing to show cause.
  786         (c) In a mortgage foreclosure proceeding, when a default
  787  judgment has been entered against the mortgagor the parties are
  788  not required to file affidavits of reasonable fees and the court
  789  is not required to hold a hearing or adjudge the requested
  790  attorney fees to be reasonable if: and
  791         1. The note or mortgage provides for the award of
  792  reasonable attorney attorney’s fees; and, it is unnecessary for
  793  the court to hold a hearing or adjudge the requested attorney’s
  794  fees to be reasonable if
  795         2. The fees do not exceed the greater of 1.5 3 percent of
  796  the principal amount owed on the note or mortgage at the time of
  797  filing of the complaint or $1,500,
  798  
  799  even if the note or mortgage does not specify the percentage of
  800  the original amount that would be paid as liquidated damages.
  801         (d) If the court finds that each the defendant has waived
  802  the right to be heard as provided in paragraph (b), the court
  803  shall promptly enter a final judgment of foreclosure without the
  804  need for a further hearing upon the filing with the court of the
  805  original note, satisfaction of the conditions for establishment
  806  of a lost note pursuant to law, or a showing to the court that
  807  the obligation to be foreclosed is not evidenced by a promissory
  808  note or other negotiable instrument. If the court finds that a
  809  the defendant has not waived the right to be heard on the
  810  summons order to show cause, the court shall then determine
  811  whether there is cause exists not to enter a final judgment of
  812  foreclosure. If, upon hearing, the court finds that a the
  813  defendant has not shown cause, the court shall promptly enter a
  814  judgment of foreclosure.
  815         (2) In an action for a mortgage foreclosure on a property
  816  other than a homestead, other than residential real estate, the
  817  mortgagee may request that the court enter an order directing
  818  the mortgagor defendant to show cause why an order to make
  819  payments during the pendency of the foreclosure proceedings or
  820  an order to vacate the premises should not be entered.
  821         (a) The order shall:
  822         1. Set the date and time for hearing on the order to show
  823  cause. However, the date for the hearing may shall not be set
  824  sooner than 20 days after the service of the order. If Where
  825  service is obtained by publication, the date for the hearing may
  826  shall not be set sooner than 30 days after the first
  827  publication.
  828         2. Direct the time within which service of the order to
  829  show cause and the complaint shall be made upon each the
  830  defendant.
  831         3. State that a the defendant has the right to file
  832  affidavits or other papers at the time of the hearing and may
  833  appear personally or by way of an attorney at the hearing.
  834         4. State that, if a the defendant fails to appear at the
  835  hearing to show cause and fails to file defenses by a motion or
  836  by a verified or sworn answer, the defendant may be deemed to
  837  have waived the right to a hearing and in such case the court
  838  may enter an order to make payment or vacate the premises.
  839         5. Require the mortgagee to serve a copy of the order to
  840  show cause on the mortgagor in the following manner:
  841         a. If the mortgagor has been served with the complaint and
  842  original process, service of the order may be made in the manner
  843  provided in the Florida Rules of Civil Procedure.
  844         b. If the mortgagor has not been served with the complaint
  845  and original process, the order to show cause, together with the
  846  summons and a copy of the complaint, shall be served on the
  847  mortgagor in the same manner as provided by law for original
  848  process.
  849         (b) The right of a defendant to be heard at the hearing to
  850  show cause is waived if the defendant, after being served as
  851  provided by law with an order to show cause, engages in conduct
  852  that clearly shows that the defendant has relinquished the right
  853  to be heard on that order. A The defendant’s failure to file
  854  defenses by a motion or by a sworn or verified answer or to
  855  appear at the hearing duly scheduled on the order to show cause
  856  presumptively constitutes conduct that clearly shows that the
  857  defendant has relinquished the right to be heard.
  858         (c) If the court finds that a the defendant has waived the
  859  right to be heard as provided in paragraph (b), the court may
  860  promptly enter an order requiring payment in the amount provided
  861  in paragraph (f) or an order to vacate.
  862         (d) If the court finds that the mortgagor has not waived
  863  the right to be heard on the order to show cause, the court
  864  shall, at the hearing on the order to show cause, consider the
  865  affidavits and other showings made by the parties appearing and
  866  make a determination of the probable validity of the underlying
  867  claim alleged against the mortgagor and the mortgagor’s
  868  defenses. If the court determines that the mortgagee is likely
  869  to prevail in the foreclosure action, the court shall enter an
  870  order requiring the mortgagor to make the payment described in
  871  paragraph (e) to the mortgagee and provide for a remedy as
  872  described in paragraph (f). However, the order shall be stayed
  873  pending final adjudication of the claims of the parties if the
  874  mortgagor files with the court a written undertaking executed by
  875  a surety approved by the court in an amount equal to the unpaid
  876  balance of the mortgage on the property, including all
  877  principal, interest, unpaid taxes, and insurance premiums paid
  878  by the mortgagee.
  879         (e) If In the event the court enters an order requiring the
  880  mortgagor to make payments to the mortgagee, payments shall be
  881  payable at such intervals and in such amounts provided for in
  882  the mortgage instrument before acceleration or maturity. The
  883  obligation to make payments pursuant to any order entered under
  884  this subsection shall commence from the date of the motion filed
  885  under this section hereunder. The order shall be served upon the
  886  mortgagor no later than 20 days before the date specified for
  887  the first payment. The order may permit, but may shall not
  888  require the mortgagee to take all appropriate steps to secure
  889  the premises during the pendency of the foreclosure action.
  890         (f) If In the event the court enters an order requiring
  891  payments the order shall also provide that the mortgagee shall
  892  be entitled to possession of the premises upon the failure of
  893  the mortgagor to make the payment required in the order unless
  894  at the hearing on the order to show cause the court finds good
  895  cause to order some other method of enforcement of its order.
  896         (g) All amounts paid pursuant to this section shall be
  897  credited against the mortgage obligation in accordance with the
  898  terms of the loan documents., provided, However, that any
  899  payments made under this section do shall not constitute a cure
  900  of any default or a waiver or any other defense to the mortgage
  901  foreclosure action.
  902         (h) Upon the filing of an affidavit with the clerk that the
  903  premises have not been vacated pursuant to the court order, the
  904  clerk shall issue to the sheriff a writ for possession which
  905  shall be governed by the provisions of s. 83.62.
  906         (i) For purposes of this section, a rebuttable presumption
  907  exists that a residential property for which a homestead
  908  exemption for taxation was granted according to the certified
  909  rolls of the latest assessment by the county property appraiser,
  910  before the filing of the foreclosure action, is a homestead.
  911         (3) This section does not supersede or limit other
  912  procedures adopted by the court, including, but not limited to,
  913  mandatory mediation and alternative dispute resolution
  914  processes.
  915         Section 14. Section 702.11, Florida Statutes, is created to
  916  read:
  917         702.11 Adequate protections for lost, destroyed, or stolen
  918  notes in mortgage foreclosure.—
  919         (1) In connection with a mortgage foreclosure, the court
  920  may find that the person required to pay the note securing the
  921  mortgage is adequately protected under s. 673.3091 against a
  922  loss that may occur by reason of a claim by another person to
  923  enforce the mortgage if the person seeking to enforce the
  924  mortgage provides:
  925         (a) A written indemnification agreement by a person
  926  reasonably believed sufficiently solvent to honor such an
  927  obligation;
  928         (b) A surety bond;
  929         (c) A letter of credit issued by a financial institution;
  930         (d) A deposit of cash collateral with the clerk of the
  931  court; or
  932         (e) Such other security as the court may deem appropriate
  933  under the circumstances.
  934  
  935  Any security given shall be on terms and in amounts set by the
  936  court, for a time period through the running of the statute of
  937  limitations for enforcement of the underlying note, and
  938  conditioned to indemnify and hold harmless the maker of the note
  939  against any loss or damage, including principal, interest, and
  940  attorney fees and costs, which might occur by reason of a claim
  941  by another person to enforce the note.
  942         (2) Any person who wrongly claimed to be the holder of or,
  943  pursuant to s. 673.3011, wrongly claimed to be entitled to
  944  enforce a lost, stolen, or destroyed note and caused the
  945  mortgage secured by the note to be foreclosed is liable to the
  946  actual holder of the note for actual damages suffered, together
  947  with attorney fees and costs of the actual holder of the note in
  948  enforcing rights under this section. The extent of the liability
  949  is not limited to any adequate protections given under s.
  950  673.3091. In addition, the actual holder of the note may pursue
  951  recovery directly against any adequate protections given.
  952         (a) The actual holder of the note is not required to pursue
  953  recovery against the maker of the note or any guarantor of the
  954  note as a condition precedent to pursuing remedies under this
  955  section.
  956         (b) This section does not limit or restrict the ability of
  957  the actual holder of the note to pursue any other claims or
  958  remedies it may have against the maker, the person who wrongly
  959  claimed to be the holder, or any person who facilitated or
  960  participated in the claim to the note or enforcement of the
  961  note.
  962         Section 15. Section 702.12, Florida Statutes, is created to
  963  read:
  964         702.12 Attorney fees; sanctions for raising unsupported
  965  claims or defenses; damages for delay of litigation.—Section
  966  57.105, which authorizes attorney fees and sanctions for raising
  967  unsupported claims or defenses or for causing an unreasonable
  968  delay, applies to mortgage foreclosure actions.
  969         Section 16. Section 702.13, Florida Statutes, is created to
  970  read:
  971         702.13 Expedited foreclosure of abandoned residential real
  972  property.—
  973         (1) As used in this section, the term “abandoned
  974  residential real property” means residential real property that
  975  is deemed abandoned upon a showing that:
  976         (a) A duly licensed process server unaffiliated with the
  977  owner or servicer of any mortgage on the residential real
  978  property or with the attorney or law firm representing such
  979  owner or servicer has made at least three attempts to locate an
  980  occupant of the residential real property. The attempts must
  981  have been made at least 72 hours apart, and at least one each of
  982  such attempts must have been made before 12 p.m., between 12
  983  p.m. and 6 p.m., and between 6 p.m. and 10 p.m. Each attempt
  984  must include physically knocking or ringing at the door of the
  985  residential real property and such other efforts as are normally
  986  sufficient to obtain a response from an occupant.
  987         (b) Two or more of the following conditions exist:
  988         1. Windows or entrances to the premises are boarded up or
  989  closed off or multiple window panes are broken and unrepaired.
  990         2. Doors to the premises are smashed through, broken off,
  991  unhinged, or continuously unlocked.
  992         3. Rubbish, trash, or debris has accumulated on the
  993  mortgaged premises.
  994         4. The premises are deteriorating and are below or in
  995  imminent danger of falling below minimum community standards for
  996  public safety and sanitation.
  997  
  998  The process server making attempts to locate an occupant of the
  999  residential real property may provide, by affidavit and
 1000  photographic or other documentation, evidence of the condition
 1001  of the residential real property.
 1002         (2)(a) The party entitled to enforce the note and mortgage
 1003  encumbering the residential real property appearing to be
 1004  abandoned must file a petition before the court seeking to
 1005  determine the status of the residential real property and to
 1006  invoke an expedited foreclosure proceeding relating to the
 1007  property. Upon the filing of an affidavit of diligent search and
 1008  inquiry and the affidavit or documentary evidence set forth in
 1009  subsection (1), the court shall, upon request of the petitioner,
 1010  issue one or more subpoenas to the utility companies serving the
 1011  residential real property commanding disclosure of the status of
 1012  utility service to the subject property, including whether
 1013  utilities are currently turned off and whether all outstanding
 1014  utility payments have been made and, if so, by whom.
 1015         (b) If, after review of the response of the utility
 1016  companies to the subpoenas and all other matters of record, the
 1017  court determines the property to have been abandoned, the party
 1018  entitled to enforce the note and mortgage encumbering the
 1019  residential real property shall be entitled to foreclose the
 1020  mortgage using the expedited mortgage foreclosure procedures set
 1021  forth in s. 702.10 upon service by publication. However, service
 1022  must be made on associations holding liens for dues and
 1023  assessments and all other junior lienholders as required by law.
 1024         Section 17. Section 702.14, Florida Statutes, is created to
 1025  read:
 1026         702.14 Homestead; owner-occupied residential property.—
 1027         (1) At the time of serving the initial complaint to
 1028  foreclose a mortgage on an owner-occupied residential homestead
 1029  property, the plaintiff must give proper notice to the borrower
 1030  or owner that he or she has a right to request a conciliation
 1031  conference or mediation before the entry of final judgment in
 1032  the case in order to facilitate a modification or settlement
 1033  with the lender. Such option is available only to owners of real
 1034  property who have filed for homestead exemption status pursuant
 1035  to s. 6, Art. VII of the State Constitution on or before the
 1036  date a foreclosure complaint against the property has been filed
 1037  with the clerk of the court. Such requirement is mandatory for
 1038  foreclosure plaintiffs but optional for the owners, who may
 1039  decline to exercise their right to a conciliation conference or
 1040  mediation. The fact that lenders and owners have engaged in
 1041  prefiling discussions does not exempt lenders from complying
 1042  with this section. Also, in the initial letter to the owner or
 1043  borrower, a lender who is a plaintiff must include a list of all
 1044  documents required and necessary for the lender to determine
 1045  whether the borrower qualifies for a loan modification with such
 1046  lender. Mediation or a conciliation conference is not required
 1047  if the homestead owner fails to notify the plaintiff of the
 1048  right to conduct a mediation or conciliation conference.
 1049         (a) In all actions to foreclose on mortgages on residential
 1050  properties that have filed for homestead exemption, or in cases
 1051  in which the homestead status of the property is unknown or in
 1052  doubt, the plaintiff must file with the complaint, and attach to
 1053  the summons, a “Notice to Homeowners Facing Foreclosure.”
 1054  Parties shall require the notice to accompany the summons to be
 1055  served upon each defendant and must advise recipients of the
 1056  availability of a mediation or conciliation conference. The
 1057  requirement that the notice be attached to all summons in
 1058  residential foreclosure filings or where the homestead status is
 1059  unknown is to ensure that a homestead owner is not inadvertently
 1060  overlooked. The notice may be in substantially the following
 1061  form and must include the information contained in the following
 1062  form:
 1063  
 1064               NOTICE TO HOMEOWNERS FACING FORECLOSURE             
 1065  
 1066         Owners of homestead properties facing foreclosure are
 1067         eligible to participate in a Foreclosure Conciliation
 1068         Conference (FCC) or Mediation to ascertain whether
 1069         they qualify for a loan modification with the
 1070         Lender/Plaintiff in this case or for settlement
 1071         purposes. The features of the FCC or Mediation are as
 1072         follows:
 1073         1. This is voluntary for homestead owners. To
 1074         qualify, you must have filed for the Florida homestead
 1075         exemption with the county property appraiser on the
 1076         subject property on or before the date the foreclosure
 1077         case was filed with the clerk of the court. This
 1078         option is not available to renters or to nonhomestead
 1079         owners.
 1080         2. Lenders who file suit seeking to foreclose
 1081         liens on homestead property are required by s. 702.12,
 1082         Florida Statutes, to contact you and to invite you to
 1083         participate in at least one mandatory Conciliation
 1084         Telephone Conference or Mediation before the case can
 1085         be concluded. The purpose of the Conciliation
 1086         Telephone Conference or Mediation is for you to have
 1087         an open and frank discussion about the alleged default
 1088         and to consider alternatives to foreclosure. These may
 1089         include such things as refinancing, partial
 1090         forgiveness of debt, transferring title to qualified
 1091         third parties, clarifying the amount required to
 1092         reinstate or pay off the loan, deeds in lieu of
 1093         foreclosure, protecting the property pending transfer
 1094         of title, and establishing a mutually agreeable date
 1095         for relinquishing possession. Communications between
 1096         the parties and discussions during the conciliation
 1097         conference are NOT confidential and may be referred to
 1098         in future court proceedings. Communications between
 1099         the parties at a mediation are confidential and must
 1100         follow applicable law related to mediations.
 1101         3. The Conciliation Telephone Conference will
 1102         occur as soon as possible after you receive this
 1103         notice. Although your lender should attempt to contact
 1104         you to schedule a mutually convenient date for the
 1105         conference or mediation, to avoid miscommunication, if
 1106         you wish to take advantage of the program, you should
 1107         promptly provide the attorney filing the complaint
 1108         with a letter stating your current contact
 1109         information. Include your e-mail addresses and
 1110         telephone numbers. Enclose a copy of this notice with
 1111         your letter. However, this option is for the benefit
 1112         of the homeowner, and you may decline to participate
 1113         at any time. If you choose not to respond to this
 1114         notice or to the lender’s invitation to participate in
 1115         a Conciliation Telephone Conference or Mediation,
 1116         litigation will proceed in the normal course.
 1117         4. There are three ways to participate in the
 1118         Conciliation Telephone Conference or Mediation: by
 1119         yourself, by hiring your own lawyer, or, if you
 1120         qualify, by a volunteer attorney’s assistance. Your
 1121         lender may require you to sign legal papers confirming
 1122         any understanding or agreement you may reach. Make
 1123         sure you read and understand all documents before
 1124         signing. If you do not have an attorney, it is
 1125         recommended that you hire a member of The Florida Bar
 1126         to review the documents before signing. If no
 1127         agreement is reached, the case will proceed in due
 1128         course to its conclusion.
 1129         5. You may qualify for a volunteer attorney to be
 1130         present with you during the Conciliation Telephone
 1131         Conference or Mediation. Call The Florida Bar or legal
 1132         aid programs in your area to determine whether you are
 1133         eligible for this pro bono (free) service. These
 1134         attorneys are volunteering their time as a public
 1135         service to assist in your discussions with the lender.
 1136         You will not be charged for their time and advice.
 1137         However, you must agree to appear in person on time
 1138         for the Conciliation Telephone Conference or Mediation
 1139         and be willing to communicate with your attorney and
 1140         participate in good faith in your discussions with
 1141         lenders. The attorney may withdraw from assisting you
 1142         at any time if you fail to comply with these
 1143         requirements. Private communications between you and
 1144         the pro bono attorney are confidential.
 1145  
 1146         IMPORTANT: Notice of limited legal representation.—The
 1147         volunteer attorney assisting you in the Conciliation
 1148         Telephone Conference or Mediation may limit his or her
 1149         services to discussions with the lender and assisting
 1150         you in exploring realistic alternatives to
 1151         foreclosure. Unless specifically agreed to by the pro
 1152         bono attorney in writing, he or she is NOT
 1153         representing you for any other purpose in the case and
 1154         will NOT be filing any papers or pleadings in your
 1155         case. YOU HAVE TWENTY (20) DAYS AFTER SERVICE OF THE
 1156         SUMMONS AND COMPLAINT IN WHICH TO FILE YOUR OWN ANSWER
 1157         OR RESPONSE IN THIS CASE. Unless you hire an attorney,
 1158         it is YOUR responsibility to file the proper papers to
 1159         prevent a default from being entered and to fully
 1160         represent your legal interests.
 1161  
 1162         (b) An action to foreclose homestead properties may not be
 1163  scheduled for summary judgment or final hearing in this state
 1164  until a Conciliation Telephone Conference or Mediation is
 1165  conducted or attempted between lenders and owners and an
 1166  Attorney’s Certificate of Compliance with this requirement has
 1167  been filed with the clerk of the court. If the owners cannot be
 1168  located, or if they fail to notify the plaintiff of or fail to
 1169  make themselves available for conferences or mediations, this
 1170  fact shall be noted on the Attorney’s Certificate of Compliance,
 1171  in which instance the action may proceed to disposition. The
 1172  assigned judges shall monitor the case files for compliance with
 1173  this requirement and may cancel summary judgment hearings in
 1174  which an Attorney’s Certificate of Compliance has not been
 1175  filed. The Attorney’s Certificate of Compliance may be in
 1176  substantially the following form and must include the
 1177  information contained in the following form:
 1178  
 1179               IN THE .... JUDICIAL CIRCUIT OF FLORIDA             
 1180                       IN AND FOR .... COUNTY                      
 1181  ...(plaintiffs)...
 1182  vs. ...(defendants)..., Case No. ....
 1183  
 1184              Attorney’s Certificate of Compliance With            
 1185                     Sec. 6.12, Florida Statutes                   
 1186  
 1187  NOTE: This form is required in foreclosure cases filed against
 1188  homestead property and must be filed with the clerk of the court
 1189  at the time the summary judgment hearing is scheduled.
 1190  
 1191  The undersigned attorney certifies to the court as follows:
 1192         1. A Conciliation Telephone Conference was attempted but
 1193  did not occur because:
 1194         a. Mortgagors did not respond to the Notice to Homeowners
 1195  Facing Foreclosure attached to the summons and complaint.
 1196         b. Mortgagors expressed no interest in the conference or
 1197  declined.
 1198         c. Mortgagors responded to the Notice to Homeowners Facing
 1199  Foreclosure but failed to attend the Conference.
 1200         d. Other: ....
 1201         2. The Conference occurred but an agreement was not
 1202  possible.
 1203         3. The Conference occurred and agreement on some issues was
 1204  reached, but deadlines set for performance or conditions were
 1205  not met or have expired.
 1206         4. The Conference occurred and all issues between the
 1207  parties have been resolved. This case will be dismissed on or
 1208  before ...(date)....
 1209         5. Other: ....
 1210         6. A Mediation was attempted but did not occur because:
 1211         a. Mortgagors did not respond to the Notice to Homeowners
 1212  Facing Foreclosure attached to the summons and complaint.
 1213         b. Mortgagors expressed no interest in Mediation or
 1214  declined.
 1215         c. Mortgagors responded to Notice to Homeowners Facing
 1216  Foreclosure but failed to attend the Mediation.
 1217         d. Other: ....
 1218         7. The Mediation occurred but ended in impasse.
 1219         8. The Mediation occurred and all issues between the
 1220  parties have been resolved. This case will be dismissed on or
 1221  before ...(date)....
 1222         9. Other: ....
 1223  
 1224  Dated this .... day of ...., 20 .
 1225  
 1226  ...(signature)... / ...(printed name)...; Bar No. ....
 1227  Attorney for ...(name)... / E-mail: .... ; Telephone: ....
 1228  
 1229  cc: All parties
 1230  
 1231      FILE THIS ORIGINAL DOCUMENT WITH THE CLERK OF THE COURT.     
 1232  
 1233         (c) The following requirements and procedures apply to the
 1234  Conciliation Telephone Conference:
 1235         1. Responsibility for determining that the subject property
 1236  is a homestead and for scheduling the Conciliation Telephone
 1237  Conference shall be the affirmative duty of the lender or the
 1238  lender’s counsel. The conference shall occur as soon as possible
 1239  after the case is filed, but no later than 90 days after notice
 1240  to the lender from the borrower of the borrower’s intent to
 1241  exercise the borrower’s right to conciliation conference.
 1242         2. A list of all documents required by the lender to review
 1243  from the borrower shall be submitted to the borrower pursuant to
 1244  this subsection with the service of the initial complaint. After
 1245  notification to the plaintiff by the borrower or defendant that
 1246  he or she wishes to participate in a conciliation conference, an
 1247  updated list of documents, if any, required to be reviewed by
 1248  the plaintiff or lender shall be delivered to the borrower or
 1249  defendant. The borrower or defendant must produce the documents
 1250  required by the lender at least 14 days before the conciliation
 1251  conference to provide the lender adequate time to review the
 1252  borrower’s financial documents and determine a suitable
 1253  alternative to foreclosure, if one exists, before the
 1254  conference.
 1255         3. At the Conciliation Telephone Conference, the lender
 1256  shall arrange for the participation of knowledgeable persons,
 1257  including attorneys, loss mitigation staff, and others who can
 1258  confirm the amount and type of default and who are authorized to
 1259  make binding commitments regarding alternatives to litigation,
 1260  including refinancing, partial forgiveness of debt, approving
 1261  sales to third parties, clarifying the amount required to
 1262  reinstate or discharge the loan, requesting deeds in lieu of
 1263  foreclosure, implementing procedures for the protection of the
 1264  premises, and establishing a mutually agreeable date for
 1265  relinquishing possession.
 1266         4. If consensus is reached in conference on one or more
 1267  issues, the affected parties shall set a deadline for the
 1268  completion or occurrence of all conditions or actions. The terms
 1269  of the consensus shall be reviewed in conference and promptly
 1270  memorialized in writing by the lender with a copy provided to
 1271  the owner. However, actions, conditions, or events agreed to by
 1272  the parties shall occur or be completed within 45 days after the
 1273  date of the conference at which the consensus was reached,
 1274  unless the parties agree in writing to an earlier date. The date
 1275  set for compliance or action shall be a firm deadline, unless
 1276  the completion or occurrence date is extended in writing with
 1277  the consent of both parties and confirmed by court order.
 1278         5. Upon the timely performance of the agreed-upon
 1279  conditions or events, counsel for the lender shall file an
 1280  Attorney’s Certificate of Compliance with the clerk of the court
 1281  advising the court that litigation is ready to resume or that
 1282  the case is being voluntarily dismissed. In those instances in
 1283  which a deadline has been set, the Attorney’s Certificate of
 1284  Compliance may not be filed until all conditions have been
 1285  performed or the time for their performance has expired. If
 1286  consensus is not reached in conference, or if the owners have
 1287  declined to participate in the conference or do not respond to
 1288  the Notice to Homeowners Facing Foreclosure attached to the
 1289  summons and complaint, the Attorney’s Certificate of Compliance
 1290  may be filed and the case shall proceed to disposition.
 1291         6. The parties shall participate in the Conciliation
 1292  Telephone Conference in good faith, conducting themselves in a
 1293  civil and respectful manner.
 1294         (d) The following requirements and procedures apply to
 1295  Mediation:
 1296         1. Responsibility for determining that the subject property
 1297  is a homestead and for scheduling the Mediation shall be the
 1298  affirmative duty of the lender or the lender’s counsel.
 1299  Mediation shall occur as soon as possible after the case is
 1300  filed, but no later than 90 days after notice to the lender from
 1301  the borrower of the borrower’s intent to exercise the borrower’s
 1302  right to Mediation.
 1303         2. A list of all documents required by the lender to review
 1304  from the borrower shall be submitted to the borrower pursuant to
 1305  this subsection with the service of the initial complaint. After
 1306  notification to the plaintiff by the borrower or defendant that
 1307  he or she wishes to participate in Mediation, an updated list of
 1308  documents, if any, required to be reviewed by the plaintiff or
 1309  lender shall be delivered to the borrower or defendant. The
 1310  borrower or defendant must produce the documents required by the
 1311  lender at least 14 days before Mediation to provide the lender
 1312  adequate time to review the borrower’s financial documents and
 1313  determine a suitable alternative to foreclosure, if one exists,
 1314  before Mediation.
 1315         3. At Mediation, the lender shall arrange for the
 1316  participation of knowledgeable persons, including attorneys,
 1317  loss mitigation staff, and others who can confirm the amount and
 1318  type of default and who are authorized to make binding
 1319  commitments regarding alternatives to litigation, including
 1320  refinancing, partial forgiveness of debt, approving sales to
 1321  third parties, clarifying the amount required to reinstate or
 1322  discharge the loan, requesting deeds in lieu of foreclosure,
 1323  implementing procedures for the protection of the premises, and
 1324  establishing a mutually agreeable date for relinquishing
 1325  possession.
 1326         4. After completion of Mediation, counsel for the lender
 1327  shall file an Attorney’s Certificate of Compliance with the
 1328  clerk of the court advising the court that litigation is ready
 1329  to resume or that the case is being voluntarily dismissed. If
 1330  the Mediation results in an impasse, or if the owners have
 1331  declined to participate in the Mediation or do not respond to
 1332  the Notice to Homeowners Facing Foreclosure attached to the
 1333  summons and complaint, the Attorney’s Certificate of Compliance
 1334  may be filed and the case shall proceed to disposition.
 1335         5. The parties shall participate in Mediation in good
 1336  faith, conducting themselves in a civil and respectful manner.
 1337         Section 18. Section 702.15, Florida Statutes, is created to
 1338  read:
 1339         702.15 Rental of property in foreclosure process.—The owner
 1340  or landlord, as defined in chapter 83, of property that is in
 1341  the foreclosure process may not rent the property without giving
 1342  full notice and disclosure to the tenants or prospective tenants
 1343  that the property is in the legal process of foreclosure.
 1344  Failure to do so is actionable under ss. 501.201-501.213. The
 1345  process of foreclosure includes the time in which the plaintiff
 1346  files a foreclosure complaint until certificate of title is
 1347  issued to the new owner after a final judgment of foreclosure.
 1348         Section 19. Section 702.16, Florida Statutes, is created to
 1349  read:
 1350         702.16 Required documents to accompany complaint at initial
 1351  filing.—Contemporaneously with the filing of the initial
 1352  complaint for foreclosure, the plaintiff must file the necessary
 1353  documents to support an entry of summary judgment, including,
 1354  but not limited to, the original note, or a lost note affidavit,
 1355  each mortgage, assignments of all mortgages and notes, and any
 1356  other documents required for the court to ascertain the owner
 1357  and holder of each note and mortgage on the property.
 1358         Section 20. This act is intended to be remedial in nature
 1359  and applies to any action filed on or after the effective date
 1360  of this act.
 1361         Section 21. This act shall take effect upon becoming a law.