The Florida Bar News reported on March 1st that HB
87 has passed the House Civil Justice Subcommittee on February 7. This bill
has four important segments.
1.) It Shortens the statue of limitations for
seeking a deficiency judgement from five year to one year from the date of the
foreclosure sale.
2.) The defendants must show a valid reason for
contesting the foreclosure or a Judge can expedite the foreclosure.
3.) Lenders must have their documents in order and
complete when they file a foreclosure.
4.) Once a home is sold in foreclosure to a third
party, future claims will be limited to monetary damages, should the foreclosure
be found to be faulty.
The outcome of HB 87 is worth watching closely.
Foreclosures are of prime importance not only to Circuit Civil & Real Estate
Attorneys, but also Family Attorneys. Many divorces & family issues are
delayed pending the outcome of the disposition of the marital home.