Florida Bankers Association | Disappointed Over Outcome of Foreclosure Bill But We Got the Courts and Clerks $6 Million to Push The Foreclosure Through

Florida Bankers Newsletter “Disappointing Outcome for Foreclosure Bill”


The FBA was successful in placing $4 million in the budget for the courts and $2 million for the clerks of court to use for foreclosure cases. This will help with the backlog of foreclosure cases in the court system.

Unfortunately, the Florida Senate did not take the opportunity to pass substantive changes to Florida’s foreclosure laws. The Legislature started with many foreclosure bills, nearly all were bad for our industry. Soon the focus was shifted to just three: HBs 213 and 1149 and SB 1890. These bills contained many provisions that would have made foreclosures more expensive and much slower. These provisions included:

  • One year statute of limitations to seek a deficiency judgment on commercial properties;
  • Monetary penalties for failing to comply with the satisfaction of mortgage provisions;
  • Prohibition on charging fees for estoppel letters;
  • Mediation requirements;
  • Requirements that a lender must put up surety bonds and the like when suing under a lost note affidavit;
  • Case management requirements;
  • Requirement that the original mortgage be filed in the foreclosure complaint;
  • Notice to tenants; and,
  • Language to undo the MERS system.

After many hours of negotiations and lobbying the above provisions were either stripped from the bill, so that the bills were left with the following provisions:

  • Changes to the order to show cause statute to expedite judicial foreclosures;
  • Provisions to permit expedited judicial foreclosures for abandoned properties;
  • One year statute of limitations on filing for a deficiency judgment on residential properties;
  • Clarifies the items that must be included in a foreclosure complaint; and
  • Provides that the bill is retroactive and applies to existing mortgages and claims in certain cases.

House Bill 213 was passed 97–14 in the House and was awaiting a vote in the Senate. Unfortunately, SB 1890 was never place on Special Order Calendar for floor action.

We then shifted to Plan B and were able to get agreement to add just the expedited judicial foreclosure section to SB 670 that was on Friday’s Special Order Calendar; however, the Senate President did not bring the bill up for a vote. We believe that internal Senate politics was the reason that neither bill passed. We will push this legislation again next year.

The FBA thanks the bills’ sponsors: Reps. Kathleen Passidomo (R – Naples), Greg Steube (R – Sarasota), and Eric Eisnaugle (R – Orlando), and Sen. Jack Latvala (R – St. Petersburg).



4 Responses to “Florida Bankers Association | Disappointed Over Outcome of Foreclosure Bill But We Got the Courts and Clerks $6 Million to Push The Foreclosure Through”
  1. lvent says:

    We have had a bunch of morally and spiritually corrupt people running the show in America for the last 100 years…they were just sneaky about it…They have gotten away with everything so far because it was well hidden from most…Now the truth is apparent and they are all drunk with power and arrogant from all of their evil accomplishments..they are all on some sort of a sick power trip…The day we give up the fight and surrender to them wont come until the day we allow them to take away our right to take up arms against them…and not until then, will they have won..Now they are threatening the American people with One World Government and are threatening the use of FEMA CAMPS, laser beams from the sky and other evil technologies to usher this in…..Those weapons can only be deployed against mankind by men and women who are programmed with a very evil ideology….. If the lack of conscience of these people toward their fellow man does not change.. there will be day of reckoning…and I would not want to be any of them..

    • qwester says:

      I am extremely fatigued of finding Ivents maniacal rants spewing unverified accusations. Never is there a reference to the source of his imaginary demons. Inasmuch as his vituperations are almost identical could they not be condensed into something like “Ivent 1, Ivent2, etc” and spare us the blanket denunciations of our superior system. If Ivent knew of a truly better place of governance without doubt she would go there. We have all long known that bankers and politicians are blind to their own weaknesses. and that we have a media that employs the First Amendment like a meat axe to distract us from the ravages by bankers and politicians of our culture of dedicated independence. We are the enemy via our neglect of oversight of those in power. Ivent should buy a mirror and see that for herself.

      • Igor says:

        Q, Unfortunately, We the People, have NO input into how or by whom we are governed, NONE! to suggest that ‘We the People’ are in any way responsible for what is occurring is absolutely nonsensical, and cruel. Its blaming the rape VICTIM of the rape!

      • lvent says:

        Google it..

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