An act relating to mortgage foreclosures; amending s. 2 95.11, F.S.; revising the limitations period for 3 commencing an action to enforce a claim of a 4 deficiency judgment after a foreclosure action; 5 providing for applicability to actions commenced on or 6 after a specified date; providing a time limitation 7 for commencing certain actions; creating s. 702.015, 8 F.S.; providing legislative intent; specifying 9 required contents of a complaint seeking to foreclose 10 on certain types of residential properties with 11 respect to the authority of the plaintiff to foreclose 12 on the note and the location of the note; authorizing 13 sanctions against plaintiffs who fail to comply with 14 complaint requirements; providing for nonapplicability 15 to proceedings involving timeshare interests; creating 16 s. 702.036, F.S.; requiring a court to treat a 17 collateral attack on a final judgment of foreclosure 18 on a mortgage as a claim for monetary damages under 19 certain circumstances; prohibiting such court from 20 granting certain relief affecting title to the 21 foreclosed property; providing for construction 22 relating to the rights of certain persons to seek 23 specified types of relief or pursue claims against the 24 foreclosed property under certain circumstances; 25 amending s. 702.06, F.S.; limiting the amount of a 26 deficiency judgment; amending s. 702.10, F.S.; 27 revising the class of persons authorized to move for 28
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expedited foreclosure to include lienholders; defining 29 the term "lienholder"; providing requirements and 30 procedures with respect to an order directed to 31 defendants to show cause why a final judgment of 32 foreclosure should not be entered; providing that 33 certain failures by a defendant to make certain 34 filings or to make certain appearances may have 35 specified legal consequences; requiring the court to 36 enter a final judgment of foreclosure and order a 37 foreclosure sale under certain circumstances; revising 38 a restriction on a mortgagee to request a court to 39 order a mortgagor defendant to make payments or to 40 vacate the premises during an action to foreclose on 41 residential real estate to provide that the 42 restriction applies to all but owner-occupied 43 residential property; providing a presumption 44 regarding owner-occupied residential property; 45 creating s. 702.11, F.S.; providing requirements for 46 reasonable means of providing adequate protection 47 under s. 673.3091, F.S., in mortgage foreclosures of 48 certain residential properties; providing for 49 liability of persons who wrongly claim to be holders 50 of or entitled to enforce a lost, stolen, or destroyed 51 note and cause the mortgage secured thereby to be 52 foreclosed in certain circumstances; providing 53 legislative findings; providing for applicability; 54 requesting the Florida Supreme Court to adopt rules 55 and forms to expedite foreclosure proceedings; 56
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providing an effective date. 57
58
Be It Enacted by the Legislature of the State of Florida: 59
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Section 1. Paragraph (b) of subsection (2) of section 61 95.11, Florida Statutes, is amended, and paragraph (h) is added 62 to subsection (5) of that section, to read: 63
95.11 Limitations other than for the recovery of real 64 property.—Actions other than for recovery of real property shall 65 be commenced as follows: 66
(2) WITHIN FIVE YEARS.— 67
(b) A legal or equitable action on a contract, obligation, 68 or liability founded on a written instrument, except for an 69 action to enforce a claim against a payment bond, which shall be 70 governed by the applicable provisions of paragraph (5)(e), s. 71 255.05(10), s. 337.18(1), or s. 713.23(1)(e), and except for an 72 action for a deficiency judgment governed by paragraph (5)(h). 73
(5) WITHIN ONE YEAR.— 74
(h) An action to enforce a claim of a deficiency related 75 to a note secured by a mortgage against a residential property 76 that is a one-family to four-family dwelling unit. The 77 limitations period shall commence on the day after the 78 certificate is issued by the clerk of court or the day after the 79 mortgagee accepts a deed in lieu of foreclosure. 80
Section 2. The amendments made by this act to s. 95.11, 81 Florida Statutes, apply to any action commenced on or after July 82 1, 2013, regardless of when the cause of action accrued. 83 However, any action that would not have been barred under s. 84
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95.11(2)(b), Florida Statutes 2012, before the effective date of 85 this act must be commenced within 5 years after the action 86 accrued or by July 1, 2014, whichever occurs first. 87
Section 3. Section 702.015, Florida Statutes, is created 88 to read: 89
702.015 Elements of complaint; lost, destroyed, or stolen 90 note affidavit.— 91
(1) The Legislature intends that this section expedite the 92 foreclosure process by ensuring initial disclosure of a 93 plaintiff's status and the facts supporting that status, thereby 94 ensuring the availability of documents necessary to the 95 prosecution of the case. 96
(2) A complaint that seeks to foreclose a mortgage or 97 other lien on residential real property, including individual 98 units of condominiums and cooperatives, designed principally for 99 occupation by from one to four families which secures a 100 promissory note must: 101
(a) Contain affirmative allegations expressly made by the 102 plaintiff at the time the proceeding is commenced that the 103 plaintiff is the holder of the original note secured by the 104 mortgage; or 105
(b) Allege with specificity the factual basis by which the 106 plaintiff is a person entitled to enforce the note under s. 107 673.3011. 108
(3) If a plaintiff has been delegated the authority to 109 institute a mortgage foreclosure action on behalf of the person 110 entitled to enforce the note, the complaint shall describe the 111 authority of the plaintiff and identify, with specificity, the 112
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document that grants the plaintiff the authority to act on 113 behalf of the person entitled to enforce the note. This 114 subsection is intended to require initial disclosure of status 115 and pertinent facts and not to modify law regarding standing or 116 real parties in interest. The term "original note" or "original 117 promissory note" means the signed or executed promissory note 118 rather than a copy thereof. The term includes any renewal, 119 replacement, consolidation, or amended and restated note or 120 instrument given in renewal, replacement, or substitution for a 121 previous promissory note. The term also includes a transferrable 122 record, as defined by the Uniform Electronic Transaction Act in 123 s. 668.50(16). 124
(4) If the plaintiff is in possession of the original 125 promissory note, the plaintiff must file under penalty of 126 perjury a certification with the court, contemporaneously with 127 the filing of the complaint for foreclosure, that the plaintiff 128 is in possession of the original promissory note. The 129 certification must set forth the location of the note, the name 130 and title of the individual giving the certification, the name 131 of the person who personally verified such possession, and the 132 time and date on which the possession was verified. Correct 133 copies of the note and all allonges to the note must be attached 134 to the certification. The original note and the allonges must be 135 filed with the court before the entry of any judgment of 136 foreclosure or judgment on the note. 137
(5) If the plaintiff seeks to enforce a lost, destroyed, 138 or stolen instrument, an affidavit executed under penalty of 139 perjury must be attached to the complaint. The affidavit must: 140
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(a) Detail a clear chain of all endorsements, transfers, 141 or assignments of the promissory note that is the subject of the 142 action. 143
(b) Set forth facts showing that the plaintiff is entitled 144 to enforce a lost, destroyed, or stolen instrument pursuant to 145 s. 673.3091. Adequate protection as required under s. 146 673.3091(2) shall be provided before the entry of final 147 judgment. 148
(c) Include as exhibits to the affidavit such copies of 149 the note and the allonges to the note, audit reports showing 150 receipt of the original note, or other evidence of the 151 acquisition, ownership, and possession of the note as may be 152 available to the plaintiff. 153
(6) The court may sanction the plaintiff for failure to 154 comply with this section. 155
(7) This section does not apply to any foreclosure 156 proceeding involving timeshare interests under part III of 157 chapter 721. 158
Section 4. Section 702.036, Florida Statutes, is created 159 to read: 160
702.036 Finality of mortgage foreclosure judgment.— 161
(1)(a) In any action or proceeding in which a party seeks 162 to set aside, invalidate, or challenge the validity of a final 163 judgment of foreclosure of a mortgage or to establish or 164 reestablish a lien or encumbrance on the property in abrogation 165 of the final judgment of foreclosure of a mortgage, the court 166 shall treat such request solely as a claim for monetary damages 167 and may not grant relief that adversely affects the quality or 168
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character of the title to the property, if: 169
1. The party seeking relief from the final judgment of 170 foreclosure of the mortgage was properly served in the 171 foreclosure lawsuit as provided in chapter 48 or chapter 49. 172
2. The final judgment of foreclosure of the mortgage was 173 entered as to the property. 174
3. All applicable appeals periods have run as to the final 175 judgment of foreclosure of the mortgage with no appeals having 176 been taken or any appeals having been finally resolved. 177
4. The property has been acquired for value, by a person 178 not affiliated with the foreclosing lender or the foreclosed 179 owner, at a time in which no lis pendens regarding the suit to 180 set aside, invalidate, or challenge the foreclosure appears in 181 the official records of the county where the property was 182 located. 183
(b) This subsection does not limit the right to pursue any 184 other relief to which a person may be entitled, including, but 185 not limited to, compensatory damages, punitive damages, 186 statutory damages, consequential damages, injunctive relief, or 187 fees and costs, which does not adversely affect the ownership of 188 the title to the property as vested in the unaffiliated 189 purchaser for value. 190
(2) For purposes of this section, the following, without 191 limitation, shall be considered persons affiliated with the 192 foreclosing lender: 193
(a) The foreclosing lender or any loan servicer for the 194 loan being foreclosed; 195
(b) Any past or present owner or holder of the loan being 196
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foreclosed; 197
(c) Any maintenance company, holding company, foreclosure 198 services company, or law firm under contract to any entity 199 listed in paragraph (a), paragraph (b), or this paragraph, with 200 regard to the loan being foreclosed; or 201
(d) Any parent entity, subsidiary, or other person who 202 directly, or indirectly through one or more intermediaries, 203 controls or is controlled by, or is under common control with, 204 any entity listed in paragraph (a), paragraph (b), or paragraph 205 (c). 206
(3) After foreclosure of a mortgage based upon the 207 enforcement of a lost, destroyed, or stolen note, a person who 208 is not a party to the underlying foreclosure action but who 209 claims to be the person entitled to enforce the promissory note 210 secured by the foreclosed mortgage has no claim against the 211 foreclosed property after it is conveyed for valuable 212 consideration to a person not affiliated with the foreclosing 213 lender or the foreclosed owner. This section does not preclude 214 the person entitled to enforce the promissory note from pursuing 215 recovery from any adequate protection given pursuant to s. 216 673.3091 or from the party who wrongfully claimed to be the 217 person entitled to enforce the promissory note under s. 218 702.11(2) or otherwise, from the maker of the note, or from any 219 other person against whom it may have a claim relating to the 220 note. 221
Section 5. Section 702.06, Florida Statutes, is amended to 222 read: 223
702.06 Deficiency decree; common-law suit to recover 224
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deficiency.—In all suits for the foreclosure of mortgages 225 heretofore or hereafter executed the entry of a deficiency 226 decree for any portion of a deficiency, should one exist, shall 227 be within the sound discretion of the court; however, in the 228 case of an owner-occupied residential property, the amount of 229 the deficiency may not exceed the difference between the 230 judgment amount, or in the case of a short sale, the outstanding 231 debt, and the fair market value of the property on the date of 232 sale. For purposes of this section, there is a rebuttable 233 presumption that a residential property for which a homestead 234 exemption for taxation was granted according to the certified 235 rolls of the latest assessment by the county property appraiser, 236 before the filing of the foreclosure action, is an owner-237 occupied residential property. shall be within the sound 238 judicial discretion of the court, but The complainant shall also 239 have the right to sue at common law to recover such deficiency, 240 unless the court in the foreclosure action has granted or denied 241 a claim for a deficiency judgment provided no suit at law to 242 recover such deficiency shall be maintained against the original 243 mortgagor in cases where the mortgage is for the purchase price 244 of the property involved and where the original mortgagee 245 becomes the purchaser thereof at foreclosure sale and also is 246 granted a deficiency decree against the original mortgagor. 247
Section 6. Section 702.10, Florida Statutes, is amended to 248 read: 249
702.10 Order to show cause; entry of final judgment of 250 foreclosure; payment during foreclosure.— 251
(1) A lienholder After a complaint in a foreclosure 252
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proceeding has been filed, the mortgagee may request an order to 253 show cause for the entry of final judgment in a foreclosure 254 action. For purposes of this section, the term "lienholder" 255 includes the plaintiff and a defendant to the action who holds a 256 lien encumbering the property or a defendant who, by virtue of 257 its status as a condominium association, cooperative 258 association, or homeowners' association, may file a lien against 259 the real property subject to foreclosure. Upon filing, and the 260 court shall immediately review the request and the court file in 261 chambers and without a hearing complaint. If, upon examination 262 of the court file complaint, the court finds that the complaint 263 is verified, complies with s. 702.015, and alleges a cause of 264 action to foreclose on real property, the court shall promptly 265 issue an order directed to the other parties named in the action 266 defendant to show cause why a final judgment of foreclosure 267 should not be entered. 268
(a) The order shall: 269
1. Set the date and time for a hearing on the order to 270 show cause. However, The date for the hearing may not occur be 271 set sooner than the later of 20 days after the service of the 272 order to show cause or 45 days after service of the initial 273 complaint. When service is obtained by publication, the date for 274 the hearing may not be set sooner than 30 days after the first 275 publication. The hearing must be held within 60 days after the 276 date of service. Failure to hold the hearing within such time 277 does not affect the validity of the order to show cause or the 278 jurisdiction of the court to issue subsequent orders. 279
2. Direct the time within which service of the order to 280
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show cause and the complaint must be made upon the defendant. 281
3. State that the filing of defenses by a motion, a 282 responsive pleading, an affidavit, or other papers or by a 283 verified or sworn answer at or before the hearing to show cause 284 that raise a genuine issue of material fact which would preclude 285 the entry of summary judgment or otherwise constitute a legal 286 defense to foreclosure shall constitute constitutes cause for 287 the court not to enter the attached final judgment. 288
4. State that a the defendant has the right to file 289 affidavits or other papers before at the time of the hearing to 290 show cause and may appear personally or by way of an attorney at 291 the hearing. 292
5. State that, if a the defendant files defenses by a 293 motion, a verified or sworn answer, affidavits, or other papers 294 or appears personally or by way of an attorney at the time of 295 the hearing, the hearing time will may be used to hear and 296 consider whether the defendant's motion, answer, affidavits, 297 other papers, and other evidence and argument as may be 298 presented by the defendant or the defendant's attorney raise a 299 genuine issue of material fact which would preclude the entry of 300 summary judgment or otherwise constitute a legal defense to 301 foreclosure. The order shall also state that the court may enter 302 an order of final judgment of foreclosure at the hearing and 303 order the clerk of the court to conduct a foreclosure sale. 304
6. State that, if a the defendant fails to appear at the 305 hearing to show cause or fails to file defenses by a motion or 306 by a verified or sworn answer or files an answer not contesting 307 the foreclosure, such the defendant may be considered to have 308
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waived the right to a hearing, and in such case, the court may 309 enter a default against such defendant and, if appropriate, a 310 final judgment of foreclosure ordering the clerk of the court to 311 conduct a foreclosure sale. 312
7. State that if the mortgage provides for reasonable 313 attorney attorney's fees and the requested attorney attorney's 314 fees do not exceed 3 percent of the principal amount owed at the 315 time of filing the complaint, it is unnecessary for the court to 316 hold a hearing or adjudge the requested attorney attorney's fees 317 to be reasonable. 318
8. Attach the form of the proposed final judgment of 319 foreclosure which the movant requests the court to will enter, 320 if the defendant waives the right to be heard at the hearing on 321 the order to show cause. 322
9. Require the party seeking final judgment mortgagee to 323 serve a copy of the order to show cause on the other parties the 324 mortgagor in the following manner: 325
a. If a party the mortgagor has been served pursuant to 326 chapter 48 with the complaint and original process, or the other 327 party is the plaintiff in the action, service of the order to 328 show cause on that party order may be made in the manner 329 provided in the Florida Rules of Civil Procedure. 330
b. If a defendant the mortgagor has not been served 331 pursuant to chapter 48 with the complaint and original process, 332 the order to show cause, together with the summons and a copy of 333 the complaint, shall be served on the party mortgagor in the 334 same manner as provided by law for original process. 335
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Any final judgment of foreclosure entered under this subsection 337 is for in rem relief only. Nothing in This subsection does not 338 shall preclude the entry of a deficiency judgment where 339 otherwise allowed by law. The Legislature intends that this 340 alternative procedure may run simultaneously with other court 341 procedures. 342
(b) The right to be heard at the hearing to show cause is 343 waived if a the defendant, after being served as provided by law 344 with an order to show cause, engages in conduct that clearly 345 shows that the defendant has relinquished the right to be heard 346 on that order. The defendant's failure to file defenses by a 347 motion or by a sworn or verified answer, affidavits, or other 348 papers or to appear personally or by way of an attorney at the 349 hearing duly scheduled on the order to show cause presumptively 350 constitutes conduct that clearly shows that the defendant has 351 relinquished the right to be heard. If a defendant files 352 defenses by a motion, or by a verified or sworn answer, 353 affidavits, or other papers or presents evidence at or before 354 the hearing which raise a genuine issue of material fact which 355 would preclude entry of summary judgment or otherwise constitute 356 a legal defense to foreclosure, such action constitutes cause 357 and precludes the entry of a final judgment at the hearing to 358 show cause. 359
(c) In a mortgage foreclosure proceeding, when a final 360 default judgment of foreclosure has been entered against the 361 mortgagor and the note or mortgage provides for the award of 362 reasonable attorney attorney's fees, it is unnecessary for the 363 court to hold a hearing or adjudge the requested attorney 364
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attorney's fees to be reasonable if the fees do not exceed 3 365 percent of the principal amount owed on the note or mortgage at 366 the time of filing, even if the note or mortgage does not 367 specify the percentage of the original amount that would be paid 368 as liquidated damages. 369
(d) If the court finds that all defendants have the 370 defendant has waived the right to be heard as provided in 371 paragraph (b), the court shall promptly enter a final judgment 372 of foreclosure without the need for further hearing if the 373 plaintiff has shown entitlement to a final judgment and upon the 374 filing with the court of the original note, satisfaction of the 375 conditions for establishment of a lost note, or upon a showing 376 to the court that the obligation to be foreclosed is not 377 evidenced by a promissory note or other negotiable instrument. 378 If the court finds that a the defendant has not waived the right 379 to be heard on the order to show cause, the court shall then 380 determine whether there is cause not to enter a final judgment 381 of foreclosure. If the court finds that the defendant has not 382 shown cause, the court shall promptly enter a judgment of 383 foreclosure. If the time allotted for the hearing is 384 insufficient, the court may announce at the hearing a date and 385 time for the continued hearing. Only the parties who appear, 386 individually or through an attorney, at the initial hearing must 387 be notified of the date and time of the continued hearing. 388
(2) Except as provided in paragraph (i), in any an action 389 for foreclosure, other than owner-occupied residential real 390 estate, in addition to any other relief that the court may 391 award, the plaintiff the mortgagee may request that the court 392
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enter an order directing the mortgagor defendant to show cause 393 why an order to make payments during the pendency of the 394 foreclosure proceedings or an order to vacate the premises 395 should not be entered. 396
(a) The order shall: 397
1. Set the date and time for hearing on the order to show 398 cause. However, the date for the hearing may shall not be set 399 sooner than 20 days after the service of the order. If Where 400 service is obtained by publication, the date for the hearing may 401 shall not be set sooner than 30 days after the first 402 publication. 403
2. Direct the time within which service of the order to 404 show cause and the complaint shall be made upon each the 405 defendant. 406
3. State that a the defendant has the right to file 407 affidavits or other papers at the time of the hearing and may 408 appear personally or by way of an attorney at the hearing. 409
4. State that, if a the defendant fails to appear at the 410 hearing to show cause and fails to file defenses by a motion or 411 by a verified or sworn answer, the defendant is may be deemed to 412 have waived the right to a hearing and in such case the court 413 may enter an order to make payment or vacate the premises. 414
5. Require the movant mortgagee to serve a copy of the 415 order to show cause on the defendant mortgagor in the following 416 manner: 417
a. If a defendant the mortgagor has been served with the 418 complaint and original process, service of the order may be made 419 in the manner provided in the Florida Rules of Civil Procedure. 420
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b. If a defendant the mortgagor has not been served with 421 the complaint and original process, the order to show cause, 422 together with the summons and a copy of the complaint, shall be 423 served on the defendant mortgagor in the same manner as provided 424 by law for original process. 425
(b) The right of a defendant to be heard at the hearing to 426 show cause is waived if the defendant, after being served as 427 provided by law with an order to show cause, engages in conduct 428 that clearly shows that the defendant has relinquished the right 429 to be heard on that order. A The defendant's failure to file 430 defenses by a motion or by a sworn or verified answer or to 431 appear at the hearing duly scheduled on the order to show cause 432 presumptively constitutes conduct that clearly shows that the 433 defendant has relinquished the right to be heard. 434
(c) If the court finds that a the defendant has waived the 435 right to be heard as provided in paragraph (b), the court may 436 promptly enter an order requiring payment in the amount provided 437 in paragraph (f) or an order to vacate. 438
(d) If the court finds that the mortgagor has not waived 439 the right to be heard on the order to show cause, the court 440 shall, at the hearing on the order to show cause, consider the 441 affidavits and other showings made by the parties appearing and 442 make a determination of the probable validity of the underlying 443 claim alleged against the mortgagor and the mortgagor's 444 defenses. If the court determines that the plaintiff mortgagee 445 is likely to prevail in the foreclosure action, the court shall 446 enter an order requiring the mortgagor to make the payment 447 described in paragraph (e) to the plaintiff mortgagee and 448
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provide for a remedy as described in paragraph (f). However, the 449 order shall be stayed pending final adjudication of the claims 450 of the parties if the mortgagor files with the court a written 451 undertaking executed by a surety approved by the court in an 452 amount equal to the unpaid balance of the lien being foreclosed 453 the mortgage on the property, including all principal, interest, 454 unpaid taxes, and insurance premiums paid by the plaintiff the 455 mortgagee. 456
(e) If In the event the court enters an order requiring 457 the mortgagor to make payments to the plaintiff mortgagee, 458 payments shall be payable at such intervals and in such amounts 459 provided for in the mortgage instrument before acceleration or 460 maturity. The obligation to make payments pursuant to any order 461 entered under this subsection shall commence from the date of 462 the motion filed under this section hereunder. The order shall 463 be served upon the mortgagor no later than 20 days before the 464 date specified for the first payment. The order may permit, but 465 may shall not require, the plaintiff mortgagee to take all 466 appropriate steps to secure the premises during the pendency of 467 the foreclosure action. 468
(f) If In the event the court enters an order requiring 469 payments, the order shall also provide that the plaintiff is 470 mortgagee shall be entitled to possession of the premises upon 471 the failure of the mortgagor to make the payment required in the 472 order unless at the hearing on the order to show cause the court 473 finds good cause to order some other method of enforcement of 474 its order. 475
(g) All amounts paid pursuant to this section shall be 476
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credited against the mortgage obligation in accordance with the 477 terms of the loan documents;, provided, however, that any 478 payments made under this section do shall not constitute a cure 479 of any default or a waiver or any other defense to the mortgage 480 foreclosure action. 481
(h) Upon the filing of an affidavit with the clerk that 482 the premises have not been vacated pursuant to the court order, 483 the clerk shall issue to the sheriff a writ for possession which 484 shall be governed by the provisions of s. 83.62. 485
(i) This subsection does not apply to foreclosure of an 486 owner-occupied residence. For purposes of this paragraph, there 487 is a rebuttable presumption that a residential property for 488 which a homestead exemption for taxation was granted according 489 to the certified rolls of the latest assessment by the county 490 property appraiser, before the filing of the foreclosure action, 491 is an owner-occupied residential property. 492
Section 7. Section 702.11, Florida Statutes, is created to 493 read: 494
702.11 Adequate protections for lost, destroyed, or stolen 495 notes in mortgage foreclosure.— 496
(1) In connection with a mortgage foreclosure, the 497 following constitute reasonable means of providing adequate 498 protection under s. 673.3091, if so found by the court: 499
(a) A written indemnification agreement by a person 500 reasonably believed sufficiently solvent to honor such an 501 obligation; 502
(b) A surety bond; 503
(c) A letter of credit issued by a financial institution; 504
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(d) A deposit of cash collateral with the clerk of the 505 court; or 506
(e) Such other security as the court may deem appropriate 507 under the circumstances. 508
509
Any security given shall be on terms and in amounts set by the 510 court, for a time period through the running of the statute of 511 limitations for enforcement of the underlying note, and 512 conditioned to indemnify and hold harmless the maker of the note 513 against any loss or damage, including principal, interest, and 514 attorney fees and costs, that might occur by reason of a claim 515 by another person to enforce the note. 516
(2) Any person who wrongly claims to be the holder of or 517 pursuant to s. 673.3011 to be entitled to enforce a lost, 518 stolen, or destroyed note and causes the mortgage secured 519 thereby to be foreclosed is liable to the actual holder of the 520 note, without limitation to any adequate protections given, for 521 actual damages suffered together with attorney fees and costs of 522 the actual holder of the note in enforcing rights under this 523 subsection. In addition, the actual holder of the note may 524 pursue recovery directly against any adequate protections given. 525
(a) The actual holder of the note is not required to 526 pursue recovery against the maker of the note or any guarantor 527 thereof as a condition precedent to pursuing remedies under this 528 section. 529
(b) This section does not limit or restrict the ability of 530 the actual holder of the note to pursue any other claims or 531 remedies it may have against the maker, the person who wrongly 532
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claimed to be the holder, or any person who facilitated or 533 participated in the claim to the note or enforcement thereof. 534
Section 8. The Legislature finds that this act is remedial 535 in nature and applies to all mortgages encumbering real property 536 and all promissory notes secured by a mortgage, whether executed 537 before, on, or after the effective date of this act. In 538 addition, the Legislature finds that s. 702.015, Florida 539 Statutes, as created by this act, applies to cases filed on or 540 after July 1, 2013; however, the amendments to s. 702.10, 541 Florida Statutes, and the creation of s. 702.11, Florida 542 Statutes, by this act, apply to causes of action pending on the 543 effective date of this act. 544
Section 9. The Supreme Court is requested to amend the 545 Florida Rules of Civil Procedures to provide expedited 546 foreclosure proceedings in conformity with this act and is 547 requested to develop and publish forms for use in such expedited 548 proceedings. 549
Section 10. This act shall take effect upon becoming a 550 law. 551