Florida Senate - 2025 SB 1778 By Senator Garcia 36-01065-25 20251778__ 1 A bill to be entitled 2 An act relating to redemption rights and deeds in lieu 3 of foreclosure; providing a short title; providing a 4 legislative purpose; amending s. 45.0315, F.S.; 5 providing that a defendant, a property owner, or a 6 holder of a subordinate interest in real property may 7 cure a defendant’s indebtedness to prevent the sale of 8 such real property; authorizing the court to enter 9 orders confirming that the release of the real 10 property from a satisfied or transferred lien is free 11 and clear of the satisfied or transferred lien; 12 providing that the right of redemption by an owner of 13 real property subject to redemption is not waivable; 14 providing exceptions; providing that redemption rights 15 in personal or real property may be waived after 16 default judgment under certain circumstances; 17 providing that simple consideration or forbearance 18 from exercising rights or remedies by the plaintiff is 19 inadequate consideration; creating s. 45.0316, F.S.; 20 authorizing the transfer of a lien claimed to encumber 21 real or personal property by certain persons; 22 providing the method in which to transfer such a lien 23 claim; requiring that any excess of the security filed 24 over the aggregate of such lien claim be repaid to the 25 party filing the transfer of a lien claim; providing 26 that such payments are subject to certain provisions 27 of law regarding deposits of money paid into court; 28 authorizing a party having an interest in such 29 security or such property from which the lien was 30 transferred to file a complaint or a motion in the 31 circuit court of the county where such security is 32 deposited seeking specified relief from the court; 33 requiring the court to increase the cash deposit 34 amount or lien transfer bond if it finds the funds are 35 insufficient; providing construction; authorizing the 36 person that deposited the amount or filed the security 37 to seek a court order to release the security under 38 certain circumstances; amending s. 679.612, F.S.; 39 providing a specified timeframe for reasonable 40 disposition of dual collateral of mortgaged property 41 and pledged shares of the entity that owns the 42 mortgaged property; amending s. 697.02, F.S.; 43 prohibiting a mortgagee or its designee from acquiring 44 interest, right to legal title, or right of possession 45 to a mortgagee’s property; providing exceptions; 46 amending s. 702.01, F.S.; requiring that properties in 47 a foreclosed mortgage be sold at a judicial sale; 48 providing that a right or remedy of strict foreclosure 49 by contract, forbearance, or other instrument is 50 unenforceable in this state; providing that a 51 mortgagee may only acquire title and ownership of the 52 mortgagor’s property by purchasing it at the judicial 53 sale or in full or partial satisfaction of specified 54 obligations; creating s. 702.011, F.S.; providing the 55 circumstances in which a mortgagee or its designee may 56 acquire title and ownership to property that is 57 mortgaged before or after default in full or partial 58 satisfaction; providing that the transfer or 59 assignment instrument is unenforceable if such 60 circumstances do not exist; providing that transfer or 61 assignment instruments of settlements for certain 62 pending foreclosure proceedings may be held in escrow 63 for a certain timeframe for the mortgagor to cure the 64 amounts owed; providing that the escrow instrument be 65 marked null and void and returned to the mortgagor and 66 the foreclosure proceedings move forward or be 67 dismissed if the mortgagor satisfies the cure amounts; 68 requiring that notice of default be filed if the cure 69 amounts are not satisfied; providing the requirements 70 for notice; requiring that a hearing be held within a 71 specified timeframe for the court to make specific 72 determinations; providing that the transfer or 73 assignment instrument may include contractual terms 74 that provide specified information; authorizing a 75 court to enter orders if the instrument of transfer or 76 assignment complies with specified provisions; 77 providing that the act is remedial; providing an 78 effective date. 79 80 Be It Enacted by the Legislature of the State of Florida: 81 82 Section 1. This act may be cited as the “Redemption 83 Procedures Improvement Act.” 84 Section 2. The purpose of this act is to: 85 (1) Provide procedures for redemption to preserve and 86 protect a property owner’s equity in property and the equity of 87 junior lienors. 88 (2) Support and foster loan refinancing with requirements 89 and procedures for full or partial tender of payment and 90 transfer of the lien to certain security as substitute 91 collateral. 92 (3) Provide requirements and procedures for waiver of 93 redemption rights and the equity in the property to ensure the 94 property owner makes an informed decision and to protect the 95 property owner from overreach or fraud. 96 (4) Provide requirements and procedures for a mortgagee’s 97 acceptance of a borrower’s real property in lieu of judicial 98 foreclosure sale in full or partial satisfaction of an 99 obligation to ensure the property owner makes an informed 100 decision and to protect the property owner from overreach or 101 fraud. 102 Section 3. Section 45.0315, Florida Statutes, is amended to 103 read: 104 45.0315 Right of redemption.— 105 (1) At any time before the later of the filing of a 106 certificate of sale pursuant to s. 45.031 or s. 45.0316by the107clerk of the courtor the time specified in the judgment, order, 108 or decree of foreclosure, the defendant, the property owner, 109mortgagoror the holder of any subordinate interest may: 110 (a) Cure the defendant’smortgagor’sindebtedness and 111 prevent aforeclosuresale of the real or personal property by 112 paying the amount of moneys specified in the judgment, order, or 113 decree of foreclosure, or if no judgment, order, or decree of 114 foreclosure has been rendered, by tendering the performance due 115 under the contract or security agreement, including any amounts 116 due because of the exercise of a right to accelerate, plus the 117 reasonable expenses of proceeding to saleforeclosureincurred 118 to the time of tender, including reasonable attorneyattorney’s119 fees of the plaintiff or creditor; 120 (b) Transfer the lien to certain substitute security in 121 accordance with s. 45.0316; or 122 (c) Tender partial payment of the redemption amount to the 123 plaintiff or lien claimant and transfer the lien for the unpaid 124 redemption amount it secures to substitute security in 125 accordance with s. 45.0316. 126 127 Otherwise, there is no right of redemption. 128 (2) For real or personal property redeemed under this 129 section, including by transfer to substitute security in 130 accordance with s. 45.0316, the court may enter orders 131 confirming the release of the real or personal property from the 132 lien satisfied or transferred and that the property and title to 133 the property is free and clear of the satisfied or transferred 134 lien. 135 (3) The right of redemption by an owner of real or personal 136 property subject to redemption under subsection (1) is not 137 waivable, unless: 138 (a) The waiver is a fully informed and voluntary agreement 139 of the property owner; 140 (b) The waiver is a separate instrument containing no 141 consents, agreements, or disclosures, except the disclosures 142 required in this subsection; 143 (c) The waiver is authorized by the owner of the property 144 in a signed record as defined in s. 679.1021, and if the owner 145 of the property is an entity and if the property and the income 146 it generates are substantially all of the assets of the entity 147 owner, then waiver is other than in the usual and regular course 148 of business and, notwithstanding s. 605.04074(3), must be 149 authorized in a signed record as defined in s. 679.1021 by at 150 least those members or equity owners owning a majority interest 151 in the property or such greater number of members or equity 152 owners required under s. 605.04074(1)(b) or (2)(c), s. 607.1202, 153 or s. 620.1402(2), as applicable to the waiving entity; 154 (d) The waiver instrument is executed in accordance with 155 ss. 689.01 and 695.03; 156 (e) The waiver instrument is completed with no incomplete 157 sections before approval and signing of the waiver instrument by 158 the owner of the real or personal property and includes all of 159 the following: 160 1. Financial disclosures that specify the assessed value of 161 the property. 162 2. A statement that the assessed value may be lower than 163 the actual value of the property. 164 3. The fair market value of the property if appraised or 165 valued within the previous 6 months or a statement that the 166 property has not been appraised or valued within the previous 6 167 months. 168 4. The amount of any debt encumbering the property. 169 5. The amount of debt owed to the plaintiff or other person 170 requesting the waiver and the daily interest accruing on such 171 obligation. 172 6. The approximate amount of any equity in the property as 173 of the date of signing. 174 7. A statement that the property owner does not need an 175 attorney. 176 8. A statement that a waiver of redemption rights is a 177 waiver of legal rights under s. 45.0315 to pay the obligation 178 and keep its property or for the property to be sold at judicial 179 sale to the highest bidder for cash or cash consideration. 180 9. A statement specifying the consideration given for the 181 waiver of redemption rights; or 182 (f) The waiver is made only in conjunction with the 183 transfer or assignment of the property to the mortgagee or the 184 mortgagee’s designee in accordance with s. 702.011. 185 (4) Redemption rights in personal property may be waived 186 after default judgment only in a signed record as that term is 187 defined in s. 679.1021 and provided the waiver instrument 188 includes the disclosures required in paragraph (3)(e). 189 (5) Simple consideration or forbearance from exercising 190 rights or remedies by the plaintiff is inadequate consideration 191 to support a waiver of redemption rights under subsection (3) or 192 subsection (4). 193 Section 4. Section 45.0316, Florida Statutes, is created to 194 read: 195 45.0316 Transfer of liens to substitute security.— 196 (1) Any lien claimed to encumber real or personal property 197 to secure payment of an obligation by a defendant or prospective 198 defendant may be transferred, by any person having an interest 199 in the property upon which the lien is imposed or the contract 200 under which the lien is claimed, from such real or personal 201 property to other security by: 202 (a) Depositing in the clerk’s office a specified sum of 203 money; or 204 (b) Filing in the clerk’s office a bond executed as surety 205 by a surety insurer licensed to do business in this state, in an 206 amount equal to the amount required for redemption under s. 207 45.0315, or the balance thereof after partial tender of the 208 redemption amount pursuant to s. 45.0315, plus interest thereon 209 at the contract rate or legal rate for 3 years, whichever is 210 greater, plus $5,000 or 25 percent of the outstanding redemption 211 amount, whichever is greater, to be applied to any attorney fees 212 and court costs that may be taxed in any proceeding to enforce 213 the lien. 214 (2) Such deposit or bond must be conditioned to pay any 215 judgment or decree that may be rendered for the satisfaction of 216 the lien claimed by the plaintiff or a prospective plaintiff. 217 Upon making such deposit or filing such bond, the clerk shall 218 make and record a certificate, which must include a copy of the 219 deposit or bond showing the transfer of the lien from the real 220 or personal property to the security, and shall mail a copy 221 thereof together with a copy of the deposit or bond by 222 registered or certified mail to the plaintiff or lien claimant 223 named in the lien record so transferred, at the address stated 224 therein. Upon filing or recording of the certificate of transfer 225 in the appropriate office maintaining liens of such type or in 226 the action, the real or personal property is released from the 227 lien claimed by the lienholder and such lien is transferred to 228 the security. The clerk is entitled to a service charge for 229 making and serving the certificate, in an amount of up to $20, 230 from which the clerk shall remit $5 to the Department of Revenue 231 for deposit into the General Revenue Fund. 232 (3) If the transaction involves the transfer of multiple 233 liens, the clerk must charge an additional service charge of up 234 to $10 for each additional lien, from which the clerk shall 235 remit $2.50 to the Department of Revenue for deposit into the 236 General Revenue Fund. For recording the certificate and 237 approving the bond, the clerk shall receive her or his usual 238 statutory service charges as prescribed in s. 28.24. Any number 239 of liens may be transferred to one such security. 240 (4) Any excess of the security over the aggregate amount of 241 any judgments or decrees rendered plus costs actually taxed 242 shall be repaid to the party filing the same or her or his 243 successor in interest. Any deposit of money shall be considered 244 as paid into court and is subject to the provisions of law 245 relative to payments of money into court and the disposition of 246 same. 247 (5) Any party having an interest in such security or the 248 property from which the lien was transferred may at any time, 249 and any number of times, file a complaint in equity in the 250 circuit court of the county where such security is deposited, or 251 file a motion in a pending action to enforce a lien, for an 252 order to require additional security, reduction of security, 253 change or substitution of sureties, payment of discharge 254 thereof, or any other matter affecting the security. If the 255 court finds that the amount of the deposit or bond in excess of 256 the amount claimed to redeem the lien is insufficient to pay the 257 lienor’s attorney fees and costs incurred in the action to 258 enforce the lien, the court shall increase the amount of the 259 cash deposit or lien transfer bond. This subsection may not be 260 construed to vest exclusive jurisdiction in the circuit courts 261 over transfer bond claims for nonpayment of an amount within the 262 monetary jurisdiction of the county courts. 263 (6) If it appears that the statute of limitations for 264 enforcement of the lien has expired or the transferred lien has 265 been satisfied of record, the person depositing or filing the 266 security, or the insurer, may seek a court order directing the 267 clerk to release the security subject to motion, notice to the 268 lienholder, and a hearing. 269 Section 5. Section 679.612, Florida Statutes, is amended to 270 read: 271 679.612 Timeliness of notification before disposition of 272 collateral.— 273 (1) Except as otherwise provided in subsection (2) or 274 subsection (3), whether a notification is sent within a 275 reasonable time is a question of fact. 276 (2) Subject to subsection (1), a notification of 277 disposition sent after default and 10 days or more before the 278 earliest time of disposition set forth in the notification is 279 sent within a reasonable time before the disposition. 280 (3) For a disposition of shares or membership interests in 281 an entity pledged to the secured party in addition to the 282 secured party’s mortgage on real estate of the entity, if the 283 real property and the income it generates constitutes all or 284 substantially all of the assets of the entity owner, a 285 notification of disposition of such pledged assets sent after 286 default and 120 days or more before the earliest time of 287 disposition set forth in the notification is sent within a 288 reasonable time before the disposition. 289 Section 6. Section 697.02, Florida Statutes, is amended to 290 read: 291 697.02 Nature of a mortgage.—A mortgage shall be held to be 292 a specific lien on the property therein described, and not a 293 conveyance of the legal title or of the right of possession. A 294 mortgagee or its designee acquires no interest, right to legal 295 title, or right of possession to a mortgagee’s property by any 296 contractual terms, remedies, forbearance, escrowed deed, or 297 other instrument except by purchase at a judicial sale in 298 accordance with s. 45.031 or s. 45.0315 or by acquiring title in 299 accordance with s. 702.011. 300 Section 7. Section 702.01, Florida Statutes, is amended to 301 read: 302 702.01 Equity.—All mortgages shall be foreclosed in an 303 action in equity and the property sold at a judicial sale in 304 accordance with s. 45.031 or s. 45.0315. In a mortgage 305 foreclosure action, the court shall sever for separate trial all 306 counterclaims against the foreclosing mortgagee. The foreclosure 307 claim shall, if tried, be tried to the court without a jury. A 308 right or remedy of strict foreclosure by contract, forbearance, 309 or other instrument is unenforceable in this state. A mortgagee 310 may acquire title and ownership of its mortgagor’s property only 311 by purchase at judicial sale in accordance with s. 45.031 or s. 312 45.0315 or in full or partial satisfaction of obligations in 313 compliance with s. 702.011. 314 Section 8. Section 702.011, Florida Statutes, is created to 315 read: 316 702.011 Acceptance of mortgaged property in full or partial 317 satisfaction of obligation.— 318 (1) A mortgagee or its designee may acquire title and 319 ownership to property that is mortgaged before or after default 320 in full or partial satisfaction of the obligation it secures 321 only if: 322 (a) The transfer or assignment is in writing and the 323 instrument to be signed by the parties to it conspicuously 324 specifies: 325 1. That the transfer or assignment instrument is a waiver 326 of legal rights under s. 45.0315 to pay off the debt and keep 327 ownership of the property and a waiver of legal rights under s. 328 45.031 or s. 45.0315 for the property to be sold at judicial 329 sale to the highest bidder for cash or cash consideration to pay 330 the obligations secured by the property; 331 2. A description of the property that is the subject of 332 transfer to the mortgagee or its designee; 333 3. The assessed value of the property; 334 4. That a statement of the assessed value of the property 335 may be lower than the actual value of the property; 336 5. The fair market value of the property, if appraised or 337 valued within the previous 6 months by the mortgagee or its 338 designee, or a statement by the mortgagee or its designee that 339 the property has not been appraised or valued within the 340 previous 6 months; 341 6. The amount owed to the mortgagee which is secured by the 342 property and the amount of interest accruing each day; 343 7. The amount of outstanding ad valorem taxes and other 344 obligations senior to the mortgagee’s lien which encumber the 345 property; 346 8. The approximate amount of equity in the property as of 347 the signing date by the obligor and property owner; 348 9. The date by which possession and access to the property 349 by the mortgagor must be turned over to the mortgagee or its 350 designee no later than 120 days; and 351 10. A statement specifying the consideration given by the 352 mortgagee for the transfer of the property with a statement 353 specifying whether the transfer is in full or partial 354 satisfaction of the obligations owed by the obligor which are 355 secured in whole or part by the property, and if a partial 356 satisfaction, the amount that will be owed by the obligor after 357 credit for the property acquired by the mortgagee or its 358 designee. 359 (b) The obligor and property owner are fully informed in 360 writing of the financial disclosures and requirements in 361 paragraph (a) at least 10 days before the instrument is signed. 362 (c) The transfer of the mortgaged property to the mortgagee 363 or the mortgagee’s designee is the voluntary agreement of the 364 obligor and property owner and: 365 1. Is authorized by the owner of the property in a signed 366 record as defined in s. 679.1021(1), and if the owner of the 367 property is an entity and if the property and the income it 368 generates are substantially all of the assets of the entity 369 owner, then the transfer is other than in the usual and regular 370 course of business, and notwithstanding s. 605.04074(3), the 371 transfer must be authorized in a signed record as defined in s. 372 679.1021 by at least those members or equity owners owning a 373 majority interest of the property owner or such greater number 374 of members or equity owners required under s. 605.04074(1)(b) or 375 (2)(c), s. 607.1202, or s. 620.1402(2), as applicable to the 376 transferring entity; and 377 2. The instrument is executed in accordance with ss. 689.02 378 and 695.03. 379 (d) The transfer or assignment of the property from the 380 obligor to the mortgagee or the mortgagee’s designee is 381 contemporaneous with full or partial satisfaction agreed by the 382 parties in the signed transfer or assignment instrument. 383 384 Otherwise, the transfer or assignment instrument is 385 unenforceable and the mortgagee must commence judicial 386 foreclosure proceedings to enforce its lien against the property 387 for the obligations it secures. 388 (2) Subject to the disclosures and requirements in 389 paragraphs (1)(a), (b), and (c), settlement of a pending 390 foreclosure proceeding may include a transfer or assignment 391 instrument to be held in escrow for up to 120 days pending 392 specified cure actions by the mortgagor. If the cure amounts are 393 satisfied, the escrowed instrument must be marked null and void 394 and returned to the mortgagor, and the foreclosure proceeding 395 shall proceed or be dismissed as the parties agreed. If the cure 396 actions are not satisfied, notice of default must be filed, 397 served on counsels of record, and mailed to the borrower’s and 398 any obligor’s last known address as shown by the records of the 399 mortgagee and, if an e-mail address has been provided, e-mailed 400 to the last address on record. After a hearing on at least 10 401 days’ notice, the court will determine the enforceability of the 402 parties’ agreement, the enforcement of the terms, a deadline for 403 recording of the escrowed instrument of transfer or assignment, 404 and a deadline for redemption. 405 (3) The transfer or assignment instrument authorized under 406 this section may include contractual terms that provide: 407 (a) The priority of the lien is unchanged and remains in 408 full force and effect against and to foreclosure subordinate 409 interests; 410 (b) The note, mortgage, or other obligations remain in full 411 force and effect to foreclose subordinate interests without 412 recourse to the mortgagor for the obligations satisfied in full 413 or part; 414 (c) Title and interest of the grantee in the property will 415 not merge with any lien or security in the property created 416 under the mortgage or other instrument; and 417 (d) Such additional terms reasonably required for the 418 issuance of title insurance for the property acquired by the 419 instrument free and clear of the rights or interests of the 420 mortgagor. 421 (4) Provided the instrument of transfer or assignment 422 complies with this section, a court may enter orders confirming 423 the validity and finality of the transfer or assignment and the 424 transfer of title to the property to the mortgagee or 425 mortgagee’s designee without the necessity of any further 426 proceedings or instruments. 427 Section 9. The Legislature finds that this act is remedial 428 in nature and applies to all mortgages encumbering real 429 property, all promissory notes secured by a mortgage, and all 430 amendments, supplements, and forbearance agreements in 431 connection therewith, whether executed before, on, or after the 432 effective date of this act; however, s. 702.02, Florida 433 Statutes, as created by this act, applies to instruments of 434 transfer and assignment made after the effective date of this 435 act; s. 702.02(2), Florida Statutes, as created by this act, 436 applies to settlements of pending foreclosure cases signed and 437 delivered after the effective date of this act; and the 438 amendments to s. 679.612, Florida Statutes, apply to 439 dispositions notice or consummated after the effective date of 440 this act. 441 Section 10. This act shall take effect July 1, 2025.