Florida Senate - 2016                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1050
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       Senator Richter moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 1296 and 1297
    4  insert:
    5         Section 49. Section 702.12, Florida Statutes, is created to
    6  read:
    7         702.12 Actions in foreclosure.—
    8         (1) A lienholder in an action to foreclose its mortgage may
    9  use as an admission by the defendant in the foreclosure action
   10  any document that the defendant filed in a bankruptcy case under
   11  penalty of perjury. In addition to the other matters identified
   12  in s. 90.202, the lienholder may also request that the court
   13  take judicial notice of any final order entered in the
   14  bankruptcy case.
   15         (2) The lienholder’s submission in such foreclosure action
   16  of any document filed by the defendant in the bankruptcy case
   17  which evidences an intention to surrender to the lienholder the
   18  property that is the subject of the foreclosure action and which
   19  document has not been withdrawn by the defendant, together with
   20  a final order entered in the bankruptcy case which discharges
   21  the defendant’s debts or confirms the defendant’s repayment
   22  plan, creates a rebuttable presumption that the defendant:
   23         (a) Has surrendered to the lienholder the defendant’s
   24  interest in the mortgaged property that is the subject of such
   25  foreclosure action; and
   26         (b) Has waived any defenses to such foreclosure.
   27         (3) This section may not be deemed to preclude the
   28  defendant in a foreclosure action from raising a defense based
   29  upon the lienholder’s conduct subsequent to the filing of the
   30  document filed in the bankruptcy case which evidenced the
   31  defendant’s intention to surrender the mortgaged property to the
   32  lienholder.
   33  
   34  ================= T I T L E  A M E N D M E N T ================
   35  And the title is amended as follows:
   36         Between lines 143 and 144
   37  insert:
   38         creating s. 702.12, F.S.; authorizing certain
   39         lienholders to use certain documents as an admission
   40         in certain bankruptcy cases; authorizing the
   41         lienholder to make certain requests of the court;
   42         providing that submission of certain documents in a
   43         foreclosure action creates certain presumptions;
   44         providing construction;