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 Have not been withdrawn by the defendant; and 30 3.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.