The Fix is in | Catering to Banks – Florida Legislature Changes Florida Statute 702.065

Mark Stopa | Florida Legislature – Catering to Banks

The fix is in, and those of us paying attention have been saying as much for a long time now. Don’t believe me? Check out the Florida legislature’s most recent effort to cater to the whims of the banks. Florida Statute 702.065 now provides:

702.065 Final judgment in uncontested proceedings where deficiency judgment waived; attorney’s fees when default judgment entered.—

(1) In uncontested mortgage foreclosure proceedings in which the mortgagee waives the right to recoup any deficiency judgment, the court shall enter final judgment within 90 days from the date of the close of pleadings. For the purposes of this subsection, a mortgage foreclosure proceeding is uncontested if an answer not contesting the foreclosure has been filed or a default judgment has been entered by the court.

(2) In a mortgage foreclosure proceeding, when a default judgment has been entered against the mortgagor and the note or mortgage provides for the award of reasonable attorney’s fees, it is not necessary for the court to hold a hearing or adjudge the requested attorney’s fees to be reasonable if the fees do not exceed 3 percent of the principal amount owed at the time of filing the complaint, even if the note or mortgage does not specify the percentage of the original amount that would be paid as liquidated damages. Such fees constitute liquidated damages in any proceeding to enforce the note or mortgage. This section does not preclude a challenge to the reasonableness of the attorney’s fees.

My thoughts, in no particular order:

Be sure to check out Mark’s though on this here…


2 Responses to “The Fix is in | Catering to Banks – Florida Legislature Changes Florida Statute 702.065”
  1. Kathleen Burt says:

    This is about uncontested mortgages…all of us on this site are contesting, right?

  2. cmc says:

    So that means that we don’t need Erin Cullaro to file fraudulent affidavits anymore…….

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