Florida Senate - 2018                                     SB 220
       
       
        
       By Senator Passidomo
       
       
       
       
       
       28-00027-18                                            2018220__
    1                        A bill to be entitled                      
    2         An act relating to bankruptcy matters in foreclosure
    3         proceedings; creating s. 702.12, F.S.; authorizing
    4         lienholders to use certain documents as an admission
    5         in an action to foreclose a mortgage; providing that
    6         submission of certain documents in a foreclosure
    7         action creates a rebuttable presumption that the
    8         defendant has waived any defenses to the foreclosure;
    9         requiring a court to take judicial notice of orders
   10         entered in bankruptcy cases under certain
   11         circumstances; providing construction; providing
   12         applicability; providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 702.12, Florida Statutes, is created to
   17  read:
   18         702.12 Actions in foreclosure.—
   19         (1)(a) A lienholder, in an action to foreclose a mortgage,
   20  may submit any document the defendant filed under penalty of
   21  perjury in the defendant’s bankruptcy case for use as an
   22  admission by the defendant.
   23         (b) A rebuttable presumption that the defendant has waived
   24  any defense to the foreclosure is created if a lienholder
   25  submits documents filed in the defendant’s bankruptcy case
   26  which:
   27         1. Evidence the defendant’s intention to surrender to the
   28  lienholder the property that is the subject of the foreclosure;
   29         2. Have not been withdrawn by the defendant; and
   30         3. Show that a final order has been entered in the
   31  defendant’s bankruptcy case which discharges the defendant’s
   32  debts or confirms the defendant’s repayment plan that provides
   33  for the surrender of the property.
   34         (2) Pursuant to s. 90.203, a court shall take judicial
   35  notice of an order entered in a bankruptcy case upon the request
   36  of a lienholder.
   37         (3) This section does not preclude the defendant in a
   38  foreclosure action from raising a defense based upon the
   39  lienholder’s action or inaction subsequent to the filing of the
   40  document filed in the bankruptcy case which evidenced the
   41  defendant’s intention to surrender the mortgaged property to the
   42  lienholder.
   43         (4) This section applies to any foreclosure action filed on
   44  or after October 1, 2018.
   45         Section 2. This act shall take effect October 1, 2018.