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Complaint - 2013 Proposed Passidomo FC Bill

Complaint - 2013 Proposed Passidomo FC Bill

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Published by: jnsfla4663 on Jan 09, 2013
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01/09/2013

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HB 87 2013
CODING: Wordsstrickenare deletions; wordsunderlinedare additions. hb0087-00Page 1 of 19
FLORIDA HOUSE OF REPRESENTATIVES
A bill to be entitled1An act relating to mortgage foreclosures; amending s.295.11, F.S.; revising the limitations period for3commencing an action to enforce a claim of a4deficiency judgment after a foreclosure action;5providing for applicability to existing causes of6action; creating s. 702.015, F.S.; providing7legislative intent; specifying required contents of a8complaint seeking to foreclose on certain types of9residential properties with respect to the authority10of the plaintiff to foreclose on the note and the11location of the note; authorizing sanctions against12plaintiffs who fail to comply with complaint13requirements; providing for nonapplicability to14proceedings involving timeshare interests; creating s.15702.036, F.S.; requiring a court to treat a collateral16attack on a final judgment of foreclosure on a17mortgage as a claim for monetary damages under certain18circumstances; prohibiting such court from granting19certain relief affecting title to the foreclosed20property; providing for construction relating to the21rights of certain persons to seek specified types of22relief or pursue claims against the foreclosed23property under certain circumstances; amending s.24702.06, F.S.; limiting the amount of a deficiency25judgment; amending s. 702.10, F.S.; revising the class26of persons authorized to move for expedited27foreclosure to include lienholders; defining the term28
 
 
HB 87 2013
CODING: Wordsstrickenare deletions; wordsunderlinedare additions. hb0087-00Page 2 of 19
FLORIDA HOUSE OF REPRESENTATIVES
"lienholder"; providing requirements and procedures29with respect to an order directed to defendants to30show cause why a final judgment of foreclosure should31not be entered; providing that certain failures by a32defendant to make certain filings or to make certain33appearances may have specified legal consequences;34requiring the court to enter a final judgment of35foreclosure and order a foreclosure sale under certain36circumstances; revising a restriction on a mortgagee37to request a court to order a mortgagor defendant to38make payments or to vacate the premises during an39action to foreclose on residential real estate to40provide that the restriction applies to all but owner-41occupied residential property; providing a presumption42regarding owner-occupied residential property;43requesting the Supreme Court to adopt rules and forms44for use in expedited foreclosure proceedings; creating45s. 702.11, F.S.; providing requirements for reasonable46means of providing adequate protection under s.47673.3091, F.S., in mortgage foreclosures of certain48residential properties; providing for liability of49persons who wrongly claim to be holders of or entitled50to enforce a lost, stolen, or destroyed note and cause51the mortgage secured thereby to be foreclosed in52certain circumstances; providing for construction and53applicability; providing an effective date.5455Be It Enacted by the Legislature of the State of Florida:56
 
 
HB 87 2013
CODING: Wordsstrickenare deletions; wordsunderlinedare additions. hb0087-00Page 3 of 19
FLORIDA HOUSE OF REPRESENTATIVES
57Section 1. Paragraph (b) of subsection (2) of section5895.11, Florida Statutes, is amended, and paragraph (h) is added59to subsection (5) of that section, to read:6095.11 Limitations other than for the recovery of real61property.
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Actions other than for recovery of real property shall62be commenced as follows:63(2) WITHIN FIVE YEARS.
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 64(b) A legal or equitable action on a contract, obligation,65or liability founded on a written instrument, except for an66action to enforce a claim against a payment bond, which shall be67governed by the applicable provisions of paragraph (5)(e), s.68255.05(10), s. 337.18(1), or s. 713.23(1)(e), and except for an69action for a deficiency judgment governed by paragraph (5)(h).70(5) WITHIN ONE YEAR.
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 71(h) An action to enforce a claim of a deficiency related72to a note secured by a mortgage against a residential property73that is a one-family to four-family dwelling unit. The74limitations period shall commence on the 11th day after the75foreclosure sale or the day after the mortgagee accepts a deed76in lieu of foreclosure.77Section 2. The amendments made by this act to s. 95.11,78Florida Statutes, apply to any action commenced on or after July791, 2013, regardless of when the cause of action accrued, except80that any action that would not have been barred under s.8195.11(2)(b), Florida Statutes, before the amendments made by82this act may be commenced no later than 5 years after the action83accrued but in no event later than July 1, 2014, and if the84

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