HB 213: Judicial Proceedings

Florida Fair Foreclosure Act

GENERAL BILL by Passidomo; (CO-INTRODUCER) Moraitis

Judicial Proceedings; Designates act "Florida Fair Foreclosure Act"; revises requirements for acknowledgement of satisfaction of mortgage, lien, or judgment; provides requirements for mortgage foreclosure complaints; requires party foreclosing on specified owner-occupied dwellings to provide specified notice; provides for finality of foreclosure; requires certain actions to set aside foreclosure to be treated as actions for money damages; provides requirements for preparation and recording of instrument acknowledging satisfaction; prohibits certain claims following foreclosure based on enforcement of lost, destroyed, or stolen note; provides requirements for deficiency decrees in foreclosures of certain occupied units; revises procedural provisions relating to foreclosure proceedings; provides for determination of reasonable attorney fees for foreclosing certain owner-occupied properties; provides for election by foreclosing lender to proceed without public sale in certain circumstances; provides for liability of persons wrongly claiming under lost, stolen, or destroyed notes; provides for sanctions for raising unsupported claims or defenses & delay of litigation.

Location: In committee/council (CVJS)

Last Action: 10/17/2011 Referred to Civil Justice Subcommittee; Insurance and Banking Subcommittee; Justice Appropriations Subcommittee; Judiciary Committee

Effective Date: October 1, 2012

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