702.12, F.S. – Florida Passes Bill to Stop Bankruptcy Debtors From “Having Their Cake and Eating It Too”

702.12, F.S. – Florida Passes Bill to Stop Bankruptcy Debtors From “Having Their Cake and Eating It Too”

702.12, F.S. – A new Florida law signed Monday will allow documents filed in federal bankruptcy proceedings to be admitted as evidence in foreclosure cases, barring homeowners who have agreed to surrender property in bankruptcy court from challenging foreclosure proceedings on the property.

Florida Gov. Rick Scott signed S.B. 220 into law, which authorizes lienholders to introduce into a foreclosure proceeding bankruptcy documents showing a debtor surrendered the property at issue in the foreclosure.

702.12, F.S. Actions in Foreclosure.

(1)(a) A lienholder, in an action to foreclose a mortgage , may submit any document the defendant filed under penalty of perjury in the defendant’s bankruptcy case for use as an admission by the defendant.

(b) A rebuttable presumption that the defendant has waived any defense to the foreclosure is created if a lienholder submits documents filed in the defendant’s bankruptcy case which:

1. Evidence the defendant’s intention to surrender to the lienholder the property that is the subject of the foreclosure;

2. Have not been withdrawn by the defendant; and

3. Show that a final order has been entered in the defendant’s bankruptcy case which discharges the defendant’s debts or confirms the defendant’s repayment plan that provides for the surrender of the property.

(2) Pursuant to s. 90.203, a court shall take judicial notice of an order entered in a bankruptcy case upon the request of a lienholder.

(3) This section does not preclude the defendant in a foreclosure action from raising a defense based upon the lienholder’s action or inaction subsequent to the filing of the document filed in the bankruptcy case which evidenced the defendant’s intention to surrender the mortgaged property to the lienholder.

(4) This section applies to any foreclosure action filed on or after October1, 2018.

Full PDF version of the bill below…

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4closureFraud.org

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SB 220: Bankruptcy Matters in Foreclosure Proceedings

 

Comments
One Response to “702.12, F.S. – Florida Passes Bill to Stop Bankruptcy Debtors From “Having Their Cake and Eating It Too””
  1. A says:

    Floridians need to wake up and if they are forced into bankruptcy by these pretender lenders then they need to stress that they are NOT REDEEMING and NOT REAFFIRMING. The BK attorneys will tell you that you must choose one of the other but that is a LIE. Tell them you are NOT doing either because no one knows who really owns the “debt” and until they come forward with PROOF POSITIVE and a proper accounting for both sides of the ledger, you will not agree to either option. STAND FIRM. They will lie to you repeatedly to get you to agree to their terms. STAND FIRM. And if its not too late in the process of foreclosure for you, revoke your signature(s) off those fraudulent “agreements” whereby NO ONE SIGNED BUT YOU.

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