Florida Senate - 2022                          SENATOR AMENDMENT
       Bill No. CS for SB 1016
       
       
       
       
       
       
                                Ì579878vÎ579878                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 2/AD/2R         .                                
             03/02/2022 06:47 PM       .                                
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       Senator Burgess moved the following:
       
    1         Senate Substitute for Amendment (212610) (with title
    2  amendment)
    3  
    4         Delete lines 81 - 197
    5  and insert:
    6  balance from and after the date specified in the estoppel
    7  letter, if applicable.
    8         (c)1.Except for mortgages for which a notice of lis
    9  pendens in a foreclosure action or a suggestion of bankruptcy
   10  has been properly filed and recorded, the mortgagee or mortgage
   11  servicer may not qualify, reserve the right to change, or
   12  condition or disclaim the reliance of others on the information
   13  provided in an estoppel letter under paragraph (b), and any
   14  attempt to do so is void and unenforceable. However, if the
   15  mortgagee or mortgage servicer determines that any of the
   16  information provided in the estoppel letter under paragraph (b)
   17  was inaccurate, the mortgagee or mortgage servicer may send a
   18  corrected estoppel letter to the person who requested the
   19  estoppel letter in the same manner as used to respond to the
   20  original written request. If the original written request is
   21  made by a person other than the mortgagor, the mortgagee or
   22  mortgage servicer must also provide a copy of any corrected
   23  estoppel letter to the mortgagor.
   24         2.If the person who requested the original estoppel letter
   25  under subparagraph (f)1. receives a corrected estoppel letter by
   26  3 p.m. in such person’s time zone at least 1 business day before
   27  a payment is issued in reliance on the previous estoppel letter,
   28  the corrected estoppel letter supersedes all prior estoppel
   29  letters.
   30         3.If any of the information provided in the estoppel
   31  letter under paragraph (b) was inaccurate, but the person who
   32  requested the estoppel letter did not timely receive a corrected
   33  estoppel letter as provided in subparagraph 2., the mortgagee or
   34  mortgage servicer may not deny the accuracy of such information
   35  as against any person who relied on it. This subparagraph does
   36  not affect the right of a mortgagee to recover any sum that it
   37  did not include in an estoppel letter from any person liable for
   38  payment of the loan or other obligations secured by the
   39  mortgage, nor does it limit any claim or defense to recovery
   40  that such person may have at law or in equity on a per-day
   41  basis.
   42         (d)3. The mortgagee or mortgage servicer of the mortgagee
   43  acting in accordance with a request in substantial compliance
   44  with this subsection paragraph is expressly discharged from any
   45  obligation or liability to any person on account of the release
   46  of the requested information, other than the obligation to
   47  comply with the terms of the estoppel letter.
   48         (e)If a payment is received at the location and in the
   49  manner specified by the mortgagee or mortgage servicer, the
   50  mortgagee or mortgage servicer must accept and may not return
   51  any payment received in reliance on an estoppel letter and must
   52  promptly apply such payment to the unpaid balance of the loan
   53  properly due under or secured by the mortgage.
   54         (f)1.A written request for an estoppel letter under
   55  paragraph (a) must be sent to the mortgagee or mortgage servicer
   56  by first-class mail, postage prepaid; by common carrier delivery
   57  service; or by e-mail, facsimile, or other electronic means at
   58  the address made available by the mortgagee or mortgage servicer
   59  for such purpose or through an automated system provided by the
   60  mortgagee or mortgage servicer for requesting an estoppel
   61  letter. The written request is considered received by the
   62  mortgagee or mortgage servicer:
   63         a.Five business days after the request sent by first-class
   64  mail is deposited with the United States Postal Service;
   65         b.The day the request is delivered by a common carrier
   66  delivery service; or
   67         c.The day the request is sent by e-mail, facsimile, or
   68  other electronic means or through an automated system provided
   69  by the mortgagee or mortgage servicer for requesting an estoppel
   70  letter.
   71  
   72  If any of the days in sub-subparagraph a., sub-subparagraph b.,
   73  or sub-subparagraph c. falls on a Saturday, Sunday, or legal
   74  holiday under the laws of this state or the United States, the
   75  request for an estoppel letter is considered timely received by
   76  the mortgagee or mortgage servicer on the next business day.
   77         2.The mortgagee or mortgage servicer must send an estoppel
   78  letter by first-class mail; by common carrier delivery service;
   79  or by e-mail, facsimile, or other electronic means, as directed
   80  in the written request, or through an automated system provided
   81  by the mortgagee or mortgage servicer for this purpose. However,
   82  the mortgagee or mortgage servicer is not required to pay for a
   83  common carrier delivery service. If the 10-day period after a
   84  written request is received by the mortgagee or mortgage
   85  servicer ends on a Saturday, Sunday, or legal holiday under the
   86  laws of this state or the United States, the estoppel letter is
   87  considered timely if it is sent by the close of business on the
   88  next business day.
   89         (g)(c)Notwithstanding s. 655.059, a mortgagee or mortgage
   90  servicer mortgage holder may provide the financial information
   91  required under this subsection to a person authorized under this
   92  subsection to request the financial information notwithstanding
   93  s. 655.059.
   94         (2)(a)Within 60 days after the unpaid balance of a loan
   95  secured by a mortgage has been fully paid or paid pursuant to an
   96  estoppel letter under subsection (1), whichever is earlier, the
   97  mortgagee or mortgage servicer shall execute in writing an
   98  instrument acknowledging release of the mortgage; have the
   99  instrument acknowledged, or proven, and send it or cause it to
  100  be sent for recording in the official records of the proper
  101  county; and send or cause to be sent the recorded release to the
  102  mortgagor or record title owner of the property. The prevailing
  103  party in a civil action brought against the mortgagee or
  104  mortgage servicer to enforce the requirements of this paragraph
  105  is entitled to reasonable attorney fees and costs.
  106         (b)The recorded release of the mortgage does not relieve
  107  the mortgagor, or the mortgagor’s successors or assigns, from
  108  any personal liability on the loan or other obligations
  109  previously secured by the mortgage.
  110         (3)(2) Whenever the amount of money due on a any mortgage,
  111  lien, or judgment has been fully paid to the person or party
  112  entitled to the payment thereof, the mortgagee, creditor, or
  113  assignee, or the attorney of record in the case of a judgment,
  114  to whom the payment was made, shall execute in writing an
  115  instrument acknowledging satisfaction of the mortgage, lien, or
  116  judgment and have the instrument acknowledged, or proven, and
  117  duly entered in the official records of the proper county.
  118  Within 60 days after the date of receipt of the full payment of
  119  the mortgage, lien, or judgment, the person required to
  120  acknowledge satisfaction of the mortgage, lien, or judgment
  121  shall send or cause to be sent the recorded satisfaction to the
  122  person who has made the full payment. In the case of a civil
  123  action regarding a lien or judgment arising out of this section,
  124  the prevailing party is entitled to attorney fees and costs.
  125  
  126  ================= T I T L E  A M E N D M E N T ================
  127  And the title is amended as follows:
  128         Delete lines 15 - 36
  129  and insert:
  130         estoppel letter under certain circumstances; requiring
  131         a mortgagee or mortgage servicer to provide a copy of
  132         a corrected estoppel letter to a mortgagor under
  133         certain circumstances; providing that a corrected
  134         estoppel letter supersedes any previous estoppel
  135         letter under certain circumstances; prohibiting the
  136         mortgagee or mortgage servicer from denying the
  137         accuracy of certain information provided in an
  138         estoppel letter under certain circumstances; providing
  139         construction; prohibiting payments received pursuant
  140         to an estoppel letter from being returned and
  141         requiring such payments to be promptly applied to any
  142         unpaid balance of the loan properly due under or
  143         secured by a mortgage; providing methods for sending a
  144         written request for an estoppel letter and for sending
  145         an estoppel letter; providing that the mortgagee or
  146         mortgage servicer is not required to pay for a common
  147         carrier delivery service; requiring the mortgagee or
  148         mortgage servicer to take certain actions within a
  149         specified time after the unpaid balance of a loan
  150         properly secured by a mortgage has been fully paid or
  151         paid pursuant to an estoppel letter; authorizing
  152         reasonable attorney fees and costs; providing that
  153         certain persons may still be personally liable after
  154         the recording of a release of a mortgage; conforming
  155         provisions to changes made by the act; amending s.