Florida Senate - 2017 COMMITTEE AMENDMENT
Bill No. CS for SB 660
Ì619668^Î619668
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/23/2017 .
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The Committee on Judiciary (Passidomo) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 22 - 34
4 and insert:
5 (b) A rebuttable presumption that the defendant has waived
6 any defenses to the foreclosure is created if a lienholder
7 enters documents filed in the defendant’s bankruptcy case which:
8 1. Evidence the defendant’s intention to surrender to the
9 lienholder the property that is the subject of the foreclosure;
10 2. Have not been withdrawn by the defendant; and
11 3. Show that a final order has been entered in the
12 defendant’s bankruptcy case which discharges the defendant’s
13 debts or confirms the defendant’s repayment plan that provides
14 for the surrender of the property.
15 (2) Pursuant to s. 90.203, a court shall take judicial
16 notice of any order entered in a bankruptcy case upon the
17 request of a lienholder.
18
19 ================= T I T L E A M E N D M E N T ================
20 And the title is amended as follows:
21 Delete lines 7 - 8
22 and insert:
23 action creates a rebuttable presumption that the
24 defendant has waived any defenses to the foreclosure;
25 requiring a court to take judicial notice of