Florida Senate - 2016                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1050
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Richter moved the following:
    1         Senate Amendment to Amendment (310022) (with title
    2  amendment)
    4         Between lines 1020 and 1021
    5  insert:
    6         Section 39. Section 702.12, Florida Statutes, is created to
    7  read:
    8         702.12 Actions in foreclosure.—
    9         (1) A lienholder in an action to foreclose its mortgage may
   10  use as an admission by the defendant in the foreclosure action
   11  any document that the defendant filed in a bankruptcy case under
   12  penalty of perjury. In addition to the other matters identified
   13  in s. 90.202, the lienholder may also request that the court
   14  take judicial notice of any final order entered in the
   15  bankruptcy case.
   16         (2) The lienholder’s submission in such foreclosure action
   17  of any document filed by the defendant in the bankruptcy case
   18  which evidences an intention to surrender to the lienholder the
   19  property that is the subject of the foreclosure action and which
   20  document has not been withdrawn by the defendant, together with
   21  a final order entered in the bankruptcy case which discharges
   22  the defendant’s debts or confirms the defendant’s repayment
   23  plan, creates a rebuttable presumption that the defendant:
   24         (a) Has surrendered to the lienholder the defendant’s
   25  interest in the mortgaged property that is the subject of such
   26  foreclosure action; and
   27         (b) Has waived any defenses to such foreclosure.
   28         (3) This section may not be deemed to preclude the
   29  defendant in a foreclosure action from raising a defense based
   30  upon the lienholder’s conduct subsequent to the filing of the
   31  document filed in the bankruptcy case which evidenced the
   32  defendant’s intention to surrender the mortgaged property to the
   33  lienholder.
   35  ================= T I T L E  A M E N D M E N T ================
   36  And the title is amended as follows:
   37         Between lines 1158 and 1159
   38  insert:
   39         creating s. 702.12, F.S.; authorizing certain
   40         lienholders to use certain documents as an admission
   41         in certain bankruptcy cases; authorizing the
   42         lienholders to make certain requests of the court;
   43         providing that submission of certain documents in a
   44         foreclosure action creates certain presumptions;
   45         providing construction;