Friday, May 24, 2013

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CS/CS/HB 87 - Mortgage Foreclosures

General Bill   by Appropriations Committee and Judiciary Committee and Passidomo (CO-SPONSORS) Caldwell; Cummings; Moraitis; Rodrigues, R.
Mortgage Foreclosures: Revises limitations period for commencing action to enforce claim of deficiency judgment after foreclosure action; provides for applicability to actions commenced on or after specified date; provides time limitation for commencing certain actions; provides legislative intent; specifies required contents of complaint seeking to foreclose on certain types of residential properties with respect to authority of plaintiff to foreclose on note & location of note; authorizes sanctions against plaintiffs who fail to comply with complaint requirements; provides for nonapplicability to proceedings involving timeshare interests; requires court to treat collateral attack on final judgment of foreclosure on mortgage as claim for monetary damages; prohibits such court from granting certain relief affecting title to foreclosed property; provides for construction relating to rights of certain persons to seek specified types of relief or pursue claims against foreclosed property; limits amount of deficiency judgment; revises class of persons authorized to move for expedited foreclosure to include lienholders; defines "lienholder"; provides requirements & procedures with respect to order directed to defendants to show cause why final judgment of foreclosure should not be entered.
Effective Date: upon becoming a law
Last Event: Ordered enrolled on Friday, May 03, 2013 11:23 AM

Referred Committees and Committee Actions

House Referrals

    -  Civil Justice Subcommittee
           On agenda for: 02/07/13 8:00 AM              Notice
        Favorable (final action)              See Votes
 
    -  Justice Appropriations Subcommittee
           On agenda for: 03/06/13 1:30 PM              Notice
        Favorable (final action)              See Votes
 
    -  Judiciary Committee
           On agenda for: 03/28/13 10:30 AM              Notice
        Favorable With Committee Substitute (final action)              See Votes
 
    -  Appropriations Committee
           On agenda for: 04/17/13 8:30 AM              Notice
        Favorable With Committee Substitute (final action)              See Votes
 

Related Bills
Bill # Subject Relationship
CS/CS/SB 1666 Mortgage Foreclosures Compare

Bill Text
Enrolled  
Committee Substitute 2  
A 102561 , Fasano Date Filed: 04/25/13, Line#: 166 House: Failed 4/26/2013 2:43:54 PM
A 321434 , Soto Date Filed: 05/01/13, Line#: 166 Senate: Withdrawn 5/2/2013 2:24:06 PM
Committee Substitute 1  Laid on the Table
A 139099 , Passidomo (APC) Date Filed: 04/16/13, Line#: 103 House(c): Adopted Without Objection 4/17/2013 1:56:40 PM
A 164639 , Passidomo (APC) Date Filed: 04/16/13, Line#: 819 House(c): Adopted Without Objection 4/17/2013 1:56:40 PM
Original Filed Version  
D 388491 , Passidomo (JDC) Date Filed: 03/27/13, Line#: 0 House(c): Adopted Without Objection 3/28/2013 1:46:50 PM
AA 160001 , Spano (JDC) Date Filed: 03/27/13, Line#: 631 House(c): Withdrawn 3/28/2013 1:46:51 PM
AA 852745 , Spano (JDC) Date Filed: 03/27/13, Line#: 711 House(c): Withdrawn 3/28/2013 1:46:51 PM

Staff Analysis

Vote History
Chamber Date Yeas Nays Actions   Vote Detail Barcode
House 04/26/2013 02:43 PM   34 74 Vote [Seq# 299] 102561
House 04/29/2013 10:42 AM   87 26 Passage Vote [Seq# 314]
Senate 05/03/2013 10:29 AM   26 13 Vote [Seq# 3]

Bill History
Event Time Member Committee
Ordered enrolled Friday, May 03, 2013 11:23 AM
In Messages Friday, May 03, 2013 11:23 AM
05/03/13 S CS passed; YEAS 26 NAYS 13 -SJ 1054 Friday, May 03, 2013 10:29 AM
05/03/13 S Read 3rd time -SJ 1054 Friday, May 03, 2013 10:24 AM
05/02/13 S Placed on 3rd reading Thursday, May 02, 2013 2:24 PM
05/02/13 S Read 2nd time -SJ 1017 Thursday, May 02, 2013 2:18 PM
05/02/13 S Substituted for CS/CS/SB 1666 -SJ 1017 Thursday, May 02, 2013 2:09 PM
05/02/13 S Placed on Calendar, on 2nd reading -SJ 1017 Thursday, May 02, 2013 2:09 PM
05/02/13 S Withdrawn from Banking and Insurance; Judiciary; Appropriations -SJ 1017 Thursday, May 02, 2013 2:09 PM
04/29/13 S Received -SJ 784 Monday, April 29, 2013 8:55 PM
04/29/13 S Referred to Banking and Insurance; Judiciary; Appropriations -SJ 784 Monday, April 29, 2013 7:19 PM
04/29/13 S In Messages Monday, April 29, 2013 12:04 PM
Message sent to senate Monday, April 29, 2013 12:02 PM
CS passed; YEAS 87, NAYS 26 Monday, April 29, 2013 10:42 AM
Passage on third reading Monday, April 29, 2013 10:42 AM
Read 3rd time Monday, April 29, 2013 10:23 AM
Added to Third Reading Calendar Friday, April 26, 2013 6:19 PM
Placed on 3rd reading Friday, April 26, 2013 2:43 PM
Amendment 102561 Failed Friday, April 26, 2013 2:43 PM
Read 2nd time Friday, April 26, 2013 2:03 PM
Amendment 102561 filed Thursday, April 25, 2013 12:29 PM
Bill added to Special Order Calendar (4/26/2013) Wednesday, April 24, 2013 9:39 PM
Added to Second Reading Calendar Monday, April 22, 2013 2:58 PM
Bill referred to House Calendar Monday, April 22, 2013 2:58 PM
1st Reading Thursday, April 18, 2013 8:17 PM
CS Filed Thursday, April 18, 2013 2:52 PM
Laid on Table under Rule 7.19(a) Thursday, April 18, 2013 2:52 PM
Reported out of Appropriations Committee Thursday, April 18, 2013 2:45 PM Appropriations Committee
Favorable with CS by Appropriations Committee Wednesday, April 17, 2013 10:30 AM Appropriations Committee
Added to Appropriations Committee agenda Monday, April 15, 2013 4:13 PM Appropriations Committee
Now in Appropriations Committee Wednesday, April 03, 2013 1:32 PM Appropriations Committee
Referred to Appropriations Committee Wednesday, April 03, 2013 1:32 PM Appropriations Committee
1st Reading Tuesday, April 02, 2013 9:22 PM
CS Filed Tuesday, April 02, 2013 9:39 AM
Laid on Table under Rule 7.19(a) Tuesday, April 02, 2013 9:39 AM
Reported out of Judiciary Committee Tuesday, April 02, 2013 9:20 AM Judiciary Committee
Favorable with CS by Judiciary Committee Thursday, March 28, 2013 12:30 PM Judiciary Committee
Added to Judiciary Committee agenda Tuesday, March 26, 2013 4:20 PM Judiciary Committee
Removed from Meeting Agenda of Judiciary Committee Tuesday, March 12, 2013 6:06 PM Judiciary Committee
Added to Judiciary Committee agenda Tuesday, March 12, 2013 4:14 PM Judiciary Committee
Now in Judiciary Committee Wednesday, March 06, 2013 5:44 PM Judiciary Committee
Reported out of Justice Appropriations Subcommittee Wednesday, March 06, 2013 5:44 PM Justice Appropriations Subcommittee
Favorable by Justice Appropriations Subcommittee Wednesday, March 06, 2013 3:30 PM Justice Appropriations Subcommittee
1st Reading Tuesday, March 05, 2013 11:59 PM
Added to Justice Appropriations Subcommittee agenda Monday, March 04, 2013 4:09 PM Justice Appropriations Subcommittee
Now in Justice Appropriations Subcommittee Thursday, February 07, 2013 6:42 PM Justice Appropriations Subcommittee
Reported out of Civil Justice Subcommittee Thursday, February 07, 2013 6:42 PM Civil Justice Subcommittee
Favorable by Civil Justice Subcommittee Thursday, February 07, 2013 12:00 PM Civil Justice Subcommittee
Added to Civil Justice Subcommittee agenda Thursday, January 31, 2013 4:14 PM Civil Justice Subcommittee
Now in Civil Justice Subcommittee Friday, January 11, 2013 3:34 PM Civil Justice Subcommittee
Referred to Judiciary Committee Friday, January 11, 2013 3:34 PM Judiciary Committee
Referred to Justice Appropriations Subcommittee Friday, January 11, 2013 3:34 PM Justice Appropriations Subcommittee
Referred to Civil Justice Subcommittee Friday, January 11, 2013 3:34 PM Civil Justice Subcommittee
Filed Thursday, January 03, 2013 10:05 AM Passidomo

Statutes Referenced by this Bill
95.11
702.015
702.036
702.06
702.10
702.11
673.3091
 

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