FL
Florida House Bill H0237

Florida 2023 Regular Session

Florida House Bill H0237 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
1515 An act relating to legal instruments; amending s. 2
1616 117.201, F.S.; defining the term "witness"; amending 3
1717 s. 697.07, F.S.; defining the terms "mortgagee" and 4
1818 "mortgagor"; requiring that a lien created by an 5
1919 assignment of rents be perfected against a mortgagor 6
2020 in addition to third parties under certain conditions; 7
2121 making technical changes; revising the types of 8
2222 expenses that may be paid by collected rents under 9
2323 certain circumstances; providing applicability; 10
2424 amending s. 702.036, F.S.; defining the term 11
2525 "property"; expanding the scope of a final judgment of 12
2626 foreclosure to include other liens; requiring the 13
2727 award of attorney fees in certain circumstances; 14
28-amending s. 702.10, F.S.; conforming provisions to 15
29-changes made by the act; defining the term 16
30-"mortgagor"; providing for retroactive applicability; 17
31-providing an effective date. 18
32- 19
33-Be It Enacted by the Legislature of the State of Florida: 20
34- 21
35- Section 1. Subsectio n (16) is added to section 117.201, 22
36-Florida Statutes, to read: 23
37- 117.201 Definitions. —As used in this part, the term: 24
38- (16) "Witness," when used as a noun, means an individual 25
28+amending s. 702.10, F.S.; revising the class of 15
29+persons authorized to move for expedited foreclosure; 16
30+making conforming changes; defining the term 17
31+"mortgagor"; providing for retroactive applicability; 18
32+providing an effective date. 19
33+ 20
34+Be It Enacted by the Legislatu re of the State of Florida: 21
35+ 22
36+ Section 1. Subsection (16) is added to section 117.201, 23
37+Florida Statutes, to read: 24
38+ 117.201 Definitions. —As used in this part, the term: 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51-whose electronic signature is affixed to an electronic record to 26
52-attest or subscribe to a principal's signature on such record. 27
53- Section 2. Subsections (1) through (8) of section 697.07, 28
54-Florida Statutes, are renumbered as subsections (2) through (9), 29
55-respectively, present subsections (2), (3), and (4) are amended, 30
56-and a new subsection (1) and subsection (10) are added to that 31
57-section, to read: 32
58- 697.07 Assignment of rents. — 33
59- (1) For purposes of this section, the term: 34
60- (a) "Mortgagee" means a person entitled to enforce an 35
61-obligation secured by a mortgage. 36
62- (b) "Mortgagor" means a person who grants a mortgage or a 37
63-successor in ownership of the real property described in the 38
64-mortgage. 39
65- (3)(2) If such an assignment is made, the mortgagee shall 40
66-hold a lien on the rents, and the lien created by the assignment 41
67-shall be perfected and effective against the mortgagor and third 42
68-parties upon recordation of the mortgage or separate instrument 43
69-in the public records of the county in which the real property 44
70-is located, according to law. 45
71- (4)(3) Unless otherwise agreed to in writing by the 46
72-mortgagee and mortgagor, the lien created by the assignment of 47
73-rents is shall be enforceable upon the mortgagor's default and 48
74-written demand for the rents made by the mortgagee to the 49
75-mortgagor, whereupon the mortgagor shall turn over all rents in 50
51+ (16) "Witness," when used as a noun, means an individual 26
52+whose electronic signature is affixed to an electronic record as 27
53+an attesting or subscribing witness. 28
54+ Section 2. Subsections (1) through (8) of section 697.07, 29
55+Florida Statutes, are renumbered as subsections (2) through (9), 30
56+respectively, present subsections (2), (3), and (4) a re amended, 31
57+and new subsections (1) and (10) are added to that section, to 32
58+read: 33
59+ 697.07 Assignment of rents. — 34
60+ (1) For purposes of this section, the term: 35
61+ (a) "Mortgagee" means any party entitled to enforce the 36
62+mortgage or assignment of rents instrume nt under applicable law. 37
63+ (b) "Mortgagor" means the original mortgagor and all 38
64+parties who have subsequently acquired title to the property 39
65+subject to the assignment. 40
66+ (3)(2) If such an assignment is made, the mortgagee shall 41
67+hold a lien on the rents, an d the lien created by the assignment 42
68+shall be perfected and effective against the mortgagor and third 43
69+parties upon recordation of the mortgage or separate instrument 44
70+in the public records of the county in which the real property 45
71+is located, according to la w. 46
72+ (4)(3) Unless otherwise agreed to in writing by the 47
73+mortgagee and mortgagor, the lien created by the assignment of 48
74+rents shall be enforceable upon the mortgagor's default and 49
75+written demand for the rents made by the mortgagee to the 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88-the possession or control of the mortgagor at the time of the 51
89-written demand or collected thereafter (the "collected rents") 52
90-to the mortgagee less payment of any expenses authorized by the 53
91-mortgagee in writing. 54
92- (5)(4) Upon application by the mortgagee or mortgagor, in 55
93-a foreclosure action, and notwithstanding any asserted defenses 56
94-or counterclaims of the mortgagor, a court of competent 57
95-jurisdiction, pending final adjudication of any action, may 58
96-require the mortgagor to deposit the collected rents into the 59
97-registry of the court, or in such other depository as the court 60
98-may designate. However, the court may authorize the use of the 61
99-collected rents, before deposit into the registry of the court 62
100-or other depository, to: 63
101- (a) Pay the reasonable expenses solely to protect , 64
102-preserve, and operate the real property, including, without 65
103-limitation, real estate taxes , and insurance, and assessments 66
104-that become due after the entry of the court's order to a 67
105-homeowners' association or an association, as those terms are 68
106-defined in s. 720.301, or a corporation regulated under chapter 69
107-718 or chapter 719; 70
108- (b) Escrow sums required by the mortgagee or separate 71
109-assignment of rents instrument; and 72
110- (c) Make payments to the mortgagee. 73
111- 74
112-The court shall require the mortgagor to account to the court 75
88+mortgagor, whereupon the mortgagor shall turn over all rents in 51
89+the possession or control of the mortgagor at the time of the 52
90+written demand or collected thereafter (the "collected rents") 53
91+to the mortgagee less payment of any expenses authorized by the 54
92+mortgagee in writing. 55
93+ (5)(4) Upon application by the mortgagee or mortgagor, in 56
94+a foreclosure action, and notwithstanding any asserted defenses 57
95+or counterclaims of the mortgagor, a court of competent 58
96+jurisdiction, pending final adjudication of any action, may 59
97+require the mortgagor to deposit the collected rents into the 60
98+registry of the court, or in such other depository as the court 61
99+may designate. However, the court may authorize the use of the 62
100+collected rents, before deposit into the registry of the court 63
101+or other depository, to: 64
102+ (a) Pay the reasonable expenses solely to protect, 65
103+preserve, and operate the real property, including, without 66
104+limitation, real estate taxes , and insurance, and assessments 67
105+that come due after the entry of the court's order to a 68
106+homeowners' association or association, as defined in s. 69
107+720.301, or a corporation regulated under chapter 718 or chapter 70
108+719; 71
109+ (b) Escrow sums required by the mortgagee or separate 72
110+assignment of rents instrument; and 73
111+ (c) Make payments to the mortgagee. 74
112+ 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125-and the mortgagee for the receipt and use of the collected rents 76
126-and may also impose other conditions on the mortgagor's use of 77
127-the collected rents. 78
128- (10) This section does not apply to a corpo ration that is 79
129-a homeowners' association or an association, as those terms are 80
130-defined in s. 720.301, or a corporation regulated under chapter 81
131-718 or chapter 719, that: 82
132- (a) Acquires title to a parcel or unit through the 83
133-foreclosure of its claim of lien, or a deed in lieu of 84
134-foreclosure, provided that title remains vested in the 85
135-association or corporation and any rents collected are applied 86
136-to assessments that are then due; or 87
137- (b) Collects rents from tenants in a parcel or unit 88
138-pursuant to s. 718.116(11) , s. 719.108(10), or s. 720.3085(8). 89
139- Section 3. Subsections (1), (2), and (3) of section 90
140-702.036, Florida Statutes, are renumbered as subsections (2), 91
141-(3), and (4), respectively, paragraph (a) of present subsection 92
142-(1) and present subsection (2) are am ended, and a new subsection 93
143-(1) and subsection (5) are added to that section, to read: 94
144- 702.036 Finality of mortgage foreclosure judgment. — 95
145- (1) As used in this section, the term "property" means 96
146-real property. 97
147- (2)(a)(1)(a) In any action or proceeding in which a party 98
148-seeks to set aside, invalidate, or challenge the validity of a 99
149-final judgment of foreclosure of a mortgage or other lien, or to 100
125+The court shall require the mortgagor to account to the court 76
126+and the mortgagee for the receipt and use of the collected rents 77
127+and may also impose other conditions on the mortgagor's use of 78
128+the collected rents. 79
129+ (10) This section does not apply to a corporation that is 80
130+a homeowners' association or association, as defined in s. 81
131+720.301, or a corporation regulated under chapter 718 or chapter 82
132+719, that: 83
133+ (a) Acquires title to a parcel or unit through the 84
134+foreclosure of its claim of lien, or a deed in lieu of 85
135+foreclosure, provided that title remains vested in the 86
136+association or corporation and any rents collected are applied 87
137+to assessments that are then due; or 88
138+ (b) Collects rents from tenants in a parcel or unit 89
139+pursuant to s. 718.116(11), s. 719.108(10), or s. 720.3085(8) . 90
140+ Section 3. Subsections (1) through (3) of section 702.036, 91
141+Florida Statutes, are renumbered as subsections (2) through (4), 92
142+respectively, paragraph (a) of present subsection (1) and 93
143+present subsection (2) are amended, and new subsections (1) and 94
144+(5) are added to that section, to read: 95
145+ 702.036 Finality of mortgage foreclosure judgment. — 96
146+ (1) As used in this section, the term "property" means 97
147+real property. 98
148+ (2)(1)(a) In any action or proceeding in which a party 99
149+seeks to set aside, invalidate, or ch allenge the validity of a 100
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162-establish or reestablish a lien or encumbrance on the property 101
163-in abrogation of the final judgment of foreclosu re of a mortgage 102
164-or other lien, the court shall treat such request solely as a 103
165-claim for monetary damages and may not grant relief that 104
166-adversely affects the quality or character of the title to the 105
167-property, if: 106
168- 1. The party seeking relief from the fina l judgment of 107
169-foreclosure of the mortgage or lien was properly served in the 108
170-foreclosure lawsuit as provided in chapter 48 or chapter 49. 109
171- 2. The final judgment of foreclosure of the mortgage or 110
172-lien was entered as to the property. 111
173- 3. All applicable app eals periods have run as to the final 112
174-judgment of foreclosure of the mortgage or lien with no appeals 113
175-having been taken or any appeals having been finally resolved. 114
176- 4. The property has been acquired for value, by a person 115
177-not affiliated with the foreclos ing mortgageholder, the 116
178-foreclosing lienholder, lender or the foreclosed owner, at a 117
179-time in which no lis pendens regarding the suit to set aside, 118
180-invalidate, or challenge the foreclosure appears in the official 119
181-records of the county where the property was located. 120
182- (3)(2) For purposes of this section, the following, 121
183-without limitation, shall be considered persons affiliated with 122
184-the foreclosing mortgageholder or foreclosing lienholder lender: 123
185- (a) The foreclosing mortgageholder, the foreclosing 124
186-lienholder, lender or any loan servicer for the mortgage or lien 125
162+final judgment of foreclosure of a mortgage or other lien, or to 101
163+establish or reestablish a lien or encumbrance on the property 102
164+in abrogation of the final judgment of foreclosure of a mortgage 103
165+or other lien, the court shall treat such request solely as a 104
166+claim for monetary damages and may not grant relief that 105
167+adversely affects the quality or character of the title to the 106
168+property, if: 107
169+ 1. The party seeking relief from the final judgment of 108
170+foreclosure of the mortgage or lien was properly served in the 109
171+foreclosure lawsuit as provided in chapter 48 or chapter 49. 110
172+ 2. The final judgment of foreclosure of the mortgage or 111
173+lien was entered as to the property. 112
174+ 3. All applicable appeals periods have run as to the final 113
175+judgment of foreclosure of the mortgage or lien with no appeals 114
176+having been taken or any appeals having been finally resolved. 115
177+ 4. The property has been acquired for value, by a person 116
178+not affiliated with the foreclosing mortgageholder, the 117
179+foreclosing lienholder, lender or the foreclosed owner, at a 118
180+time in which no lis pendens regarding the suit to set aside, 119
181+invalidate, or challenge the foreclosure appears in the official 120
182+records of the county where the property was located. 121
183+ (3)(2) For purposes of this section, the f ollowing, 122
184+without limitation, shall be considered persons affiliated with 123
185+the foreclosing lender: 124
186+ (a) The foreclosing mortgageholder, the foreclosing 125
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195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199-loan being foreclosed; 126
200- (b) Any past or present owner or holder of the mortgage or 127
201-lien loan being foreclosed; 128
202- (c) Any maintenance company, holding company, foreclosure 129
203-services company, or law firm under contract to any entity 130
204-listed in paragraph (a), paragraph (b), or this paragraph, with 131
205-regard to the mortgage or lien loan being foreclosed; or 132
206- (d) Any parent entity, subsidiary, or other person who 133
207-directly, or indirectly through one or more intermediaries, 134
208-controls or is controlled by, or is under common control with, 135
209-any entity listed in paragraph (a), paragraph (b), or paragraph 136
210-(c). 137
211- (5) If a party seeks r elief from a final judgment 138
212-foreclosing a mortgage or lien, or files a separate action 139
213-attacking such a final judgment, and the party claims that it 140
214-holds or held a lien superior in right, priority, or dignity to 141
215-the mortgage or lien foreclosed in the judg ment, the court must 142
216-award reasonable attorney fees to the party prevailing on the 143
217-claim. This subsection applies whether the litigation seeking 144
218-relief from the final judgment occurs in the case in which the 145
219-judgment was entered or in any separate case or proceeding. 146
220- Section 4. Subsection (2) of section 702.10, Florida 147
221-Statutes, is amended to read: 148
222- 702.10 Order to show cause; entry of final judgment of 149
223-foreclosure; payment during foreclosure. — 150
199+lienholder, lender or any loan servicer for the mortgage or lien 126
200+loan being foreclosed; 127
201+ (b) Any past or present owner or holder of the mortgage or 128
202+lien loan being foreclosed; 129
203+ (c) Any maintenance company, holding company, foreclosure 130
204+services company, or law firm under contract to any entity 131
205+listed in paragraph (a), paragraph (b), or this paragraph, with 132
206+regard to the mortgage or lien loan being foreclosed; or 133
207+ (d) Any parent entity, subsidiary, or other person who 134
208+directly, or indirectly through one or more intermediaries, 135
209+controls or is controlled by, or is under common control with, 136
210+any entity listed in paragraph (a), paragraph (b), or paragraph 137
211+(c). 138
212+ (5) If a party seeks relief from a final judgment 139
213+foreclosing a mortgage or lien, or files a separate action 140
214+attacking such a final judgement, and the party claims that it 141
215+holds or held a lien superior in right, priority, or dignity to 142
216+the mortgage or lien foreclosed in the judgment, the court must 143
217+award reasonable attorney fees to the party prevailing on the 144
218+claim. This subsection applies whether the litigation seeking 145
219+relief from the final judgment occur s in the case in which the 146
220+judgment was entered or in any separate case or proceeding. 147
221+ Section 4. Subsection (2) of section 702.10, Florida 148
222+Statutes, is amended to read: 149
223+ 702.10 Order to show cause; entry of final judgment of 150
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232232 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236- (2) Except as provided in paragraph (i), in any action f or 151
237-foreclosure, other than owner-occupied residential real estate, 152
238-in addition to any other relief that the court may award, the 153
239-plaintiff may request that the court enter an order directing 154
240-the mortgagor defendant to show cause why an order to make 155
241-payments during the pendency of the foreclosure proceedings or 156
242-an order to vacate the premises should not be entered. 157
243- (a) The order shall: 158
244- 1. Set the date and time for hearing on the order to show 159
245-cause. However, the date for the hearing may not be set soone r 160
246-than 20 days after the service of the order. If service is 161
247-obtained by publication, the date for the hearing may not be set 162
248-sooner than 30 days after the first publication. 163
249- 2. Direct the time within which service of the order to 164
250-show cause and the comp laint shall be made upon each defendant. 165
251- 3. State that a defendant has the right to file affidavits 166
252-or other papers at the time of the hearing and may appear 167
253-personally or by way of an attorney at the hearing. 168
254- 4. State that, if a defendant fails to app ear at the 169
255-hearing to show cause and fails to file defenses by a motion or 170
256-by a verified or sworn answer, the defendant is deemed to have 171
257-waived the right to a hearing and in such case the court may 172
258-enter an order to make payment or vacate the premises. 173
259- 5. Require the movant to serve a copy of the order to show 174
260-cause on the defendant in the following manner: 175
236+foreclosure; payment duri ng foreclosure.— 151
237+ (2) Except as provided in paragraph (i), in any action for 152
238+foreclosure, other than owner-occupied residential real estate, 153
239+in addition to any other relief that the court may award, the 154
240+plaintiff may request that the court enter an order directing 155
241+the mortgagor defendant to show cause why an order to make 156
242+payments during the pendency of the foreclosure proceedings or 157
243+an order to vacate the premises should not be entered. 158
244+ (a) The order shall: 159
245+ 1. Set the date and time for hearing on the order to show 160
246+cause. However, the date for the hearing may not be set sooner 161
247+than 20 days after the service of the order. If service is 162
248+obtained by publication, the date for the hearing may not be set 163
249+sooner than 30 days after the first publication. 164
250+ 2. Direct the time within which service of the order to 165
251+show cause and the complaint shall be made upon the mortgagor 166
252+each defendant. 167
253+ 3. State that the mortgagor a defendant has the right to 168
254+file affidavits or other papers at the time of the hearing and 169
255+may appear personally or by way of an attorney at the hearing. 170
256+ 4. State that, if the mortgagor a defendant fails to 171
257+appear at the hearing to sh ow cause and fails to file defenses 172
258+by a motion or by a verified or sworn answer, the mortgagor 173
259+defendant is deemed to have waived the right to a hearing and in 174
260+such case the court may enter an order to make payment or vacate 175
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269269 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273- a. If a defendant has been served with the complaint and 176
274-original process, service of the order may be made in the manner 177
275-provided in the Florida Rules of Civil Procedure. 178
276- b. If a defendant has not been served with the complaint 179
277-and original process, the order to show cause, together with the 180
278-summons and a copy of the complaint, shall be served on the 181
279-defendant in the same manner as provided by la w for original 182
280-process. 183
281- (b) The right of a defendant to be heard at the hearing to 184
282-show cause is waived if the defendant, after being served as 185
283-provided by law with an order to show cause, engages in conduct 186
284-that clearly shows that the defendant has reli nquished the right 187
285-to be heard on that order. A defendant's failure to file 188
286-defenses by a motion or by a sworn or verified answer or to 189
287-appear at the hearing duly scheduled on the order to show cause 190
288-presumptively constitutes conduct that clearly shows tha t the 191
289-defendant has relinquished the right to be heard. 192
290- (c) If the court finds that a defendant has waived the 193
291-right to be heard as provided in paragraph (b), the court may 194
292-promptly enter an order requiring payment in the amount provided 195
293-in paragraph (f) or an order to vacate. 196
294- (d) If the court finds that the mortgagor has not waived 197
295-the right to be heard on the order to show cause, the court 198
296-shall, at the hearing on the order to show cause, consider the 199
297-affidavits and other showings made by the parties appearing and 200
273+the premises. 176
274+ 5. Require the movant to serve a copy of the order to show 177
275+cause on the mortgagor defendant in the following manner: 178
276+ a. If the mortgagor a defendant has been served with the 179
277+complaint and original process, service of the order may be made 180
278+in the manner provided in the Florida Rules of Civil Procedure. 181
279+ b. If the mortgagor a defendant has not been served with 182
280+the complaint and original process, the order to show cause, 183
281+together with the summons and a copy of the complaint, shall be 184
282+served on the mortgagor defendant in the same manner as provided 185
283+by law for original process. 186
284+ (b) The right of the mortgagor a defendant to be heard at 187
285+the hearing to show cause is waived if the mortgagor defendant, 188
286+after being served as provided by law with an order to show 189
287+cause, engages in conduct that clearly shows that the mortgagor 190
288+defendant has relinquished the right to be heard on that order. 191
289+The mortgagor's A defendant's failure to file defenses by a 192
290+motion or by a sworn or verified answer or to appear at the 193
291+hearing duly scheduled on the order to show cause presumptively 194
292+constitutes conduct that clearly shows that the mortgagor 195
293+defendant has relinquished the right to be heard. 196
294+ (c) If the court finds that the mortgagor a defendant has 197
295+waived the right to be heard as provided in paragraph (b), the 198
296+court may promptly enter an order requiring payment in the 199
297+amount provided in paragraph (f) or an order to vacate. 200
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306306 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310-make a determination of the probable validity of the underlying 201
311-claim alleged against the mortgagor and the mortgagor's 202
312-defenses. If the court determines that the plaintiff is likely 203
313-to prevail in the foreclosure action, the court shall enter an 204
314-order requiring the mortgagor to make the payment described in 205
315-paragraph (e) to the plaintiff and provide for a remedy as 206
316-described in paragraph (f). However, the order shall be stayed 207
317-pending final adjudication of the claims of the parties if the 208
318-mortgagor files with the court a written undertaking executed by 209
319-a surety approved by the court in an amount equal to the unpaid 210
320-balance of the lien being foreclosed, including all principal, 211
321-interest, unpaid taxes, and insurance premiums paid by the 212
322-plaintiff. 213
323- (e) If the court enters an order requiring the mortgagor 214
324-to make payments to the plaintiff, payments shall be payable at 215
325-such intervals and in such amounts provided for in the mortgage 216
326-instrument before acceleration or maturity. The obligation to 217
327-make payments pursuant to any order entered under this 218
328-subsection shall commence from the date of the motion filed 219
329-under this section. The order shall be served upon the mortgagor 220
330-no later than 20 days before the date specified for the first 221
331-payment. The order may permit, but may not require, the 222
332-plaintiff to take all appropriate steps to secure the premises 223
333-during the pendency of the foreclosure action. 224
334- (f) If the court enters an order requiring payments, the 225
310+ (d) If the court finds that the mortgagor has not waived 201
311+the right to be heard on the order to show cause, t he court 202
312+shall, at the hearing on the order to show cause, consider the 203
313+affidavits and other showings made by the parties appearing and 204
314+make a determination of the probable validity of the underlying 205
315+claim alleged against the mortgagor and the mortgagor's 206
316+defenses. If the court determines that the plaintiff is likely 207
317+to prevail in the foreclosure action, the court shall enter an 208
318+order requiring the mortgagor to make the payment described in 209
319+paragraph (e) to the plaintiff and provide for a remedy as 210
320+described in paragraph (f). However, the order shall be stayed 211
321+pending final adjudication of the claims of the parties if the 212
322+mortgagor files with the court a written undertaking executed by 213
323+a surety approved by the court in an amount equal to the unpaid 214
324+balance of the lien being foreclosed, including all principal, 215
325+interest, unpaid taxes, and insurance premiums paid by the 216
326+plaintiff. 217
327+ (e) If the court enters an order requiring the mortgagor 218
328+to make payments to the plaintiff, payments shall be payable at 219
329+such intervals and in such amounts provided for in the mortgage 220
330+instrument before acceleration or maturity. The obligation to 221
331+make payments pursuant to any order entered under this 222
332+subsection shall commence from the date of the motion filed 223
333+under this section. The order shall be served upon the mortgagor 224
334+no later than 20 days before the date specified for the first 225
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343343 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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346346
347-order shall also provide that the plaintiff is ent itled to 226
348-possession of the premises upon the failure of the mortgagor to 227
349-make the payment required in the order unless at the hearing on 228
350-the order to show cause the court finds good cause to order some 229
351-other method of enforcement of its order. 230
352- (g) All amounts paid pursuant to this section shall be 231
353-credited against the mortgage obligation in accordance with the 232
354-terms of the loan documents; however, payments made under this 233
355-section do not constitute a cure of any default or a waiver or 234
356-any other defense to the mortgage foreclosure action. 235
357- (h) Upon the filing of an affidavit with the clerk that 236
358-the premises have not been vacated pursuant to the court order, 237
359-the clerk shall issue to the sheriff a writ for possession which 238
360-shall be governed by s. 83.62. 239
361- (i) This subsection does not apply to foreclosure of an 240
362-owner-occupied residence. For purposes of this paragraph, there 241
363-is a rebuttable presumption that a residential property for 242
364-which a homestead exemption for taxation was granted according 243
365-to the certified rolls of the latest assessment by the county 244
366-property appraiser, before the filing of the foreclosure action, 245
367-is an owner-occupied residential property. 246
368- (j) For purposes of this subsection, the term "mortgagor" 247
369-means a person who grants a mortgage or a successor in ownership 248
370-of the real property described in the mortgage. The term does 249
371-not include a homeowners' association or an association, as 250
347+payment. The order may permit, but may not require, the 226
348+plaintiff to take all appropriate steps to secure the premises 227
349+during the pendency of the foreclo sure action. 228
350+ (f) If the court enters an order requiring payments, the 229
351+order shall also provide that the plaintiff is entitled to 230
352+possession of the premises upon the failure of the mortgagor to 231
353+make the payment required in the order unless at the hearing on 232
354+the order to show cause the court finds good cause to order some 233
355+other method of enforcement of its order. 234
356+ (g) All amounts paid pursuant to this section shall be 235
357+credited against the mortgage obligation in accordance with the 236
358+terms of the loan documen ts; however, payments made under this 237
359+section do not constitute a cure of any default or a waiver or 238
360+any other defense to the mortgage foreclosure action. 239
361+ (h) Upon the filing of an affidavit with the clerk that 240
362+the premises have not been vacated pursuant to the court order, 241
363+the clerk shall issue to the sheriff a writ for possession which 242
364+shall be governed by s. 83.62. 243
365+ (i) This subsection does not apply to foreclosure of an 244
366+owner-occupied residence. For purposes of this paragraph, there 245
367+is a rebuttable presumption that a residential property for 246
368+which a homestead exemption for taxation was granted according 247
369+to the certified rolls of the latest assessment by the county 248
370+property appraiser, before the filing of the foreclosure action, 249
371+is an owner-occupied residential property. 250
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380380 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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384-those terms are defined in s. 720.301, or a corporation 251
385-regulated under chapter 718 or chapter 719, that: 252
386- 1. Acquires title to a parcel or unit through the 253
387-foreclosure of its claim of lien, or a deed in lieu of 254
388-foreclosure, provided that title remains vested in the 255
389-association or corporation and any rents collected are applied 256
390-to assessments that are then due; or 257
391- 2. Collects rents from the tenants in the parcel or unit 258
392-pursuant to s. 718.116(11), s. 719.108(10), or s. 720.3085(8). 259
393- Section 5. The amendment to s. 117.201, Florida Statutes, 260
394-in this act is intended to clarify existing law and applies 261
395-retroactively to January 1, 2020. 262
396- Section 6. This act shall take effect July 1, 2023. 263
384+ (j) For purposes of this subsection, the term "mortgagor" 251
385+means the original mortgagor and any subsequent owner or party 252
386+in possession of the property. The term does not include a 253
387+homeowners' association or association, as defined in s. 254
388+720.301, or a corporation regulated under chapter 718 or chapter 255
389+719, that: 256
390+ 1. Acquires title to a parcel or unit through the 257
391+foreclosure of its claim of lien, or a deed in lieu of 258
392+foreclosure, provided that title remains vested in the 259
393+association or corporation and any rents collected are applied 260
394+to assessments that are then due; or 261
395+ 2. Collects rents from the tenants in the parcel or unit 262
396+pursuant to s. 718.116(11), s. 719.108(10), or s. 720.3085(8). 263
397+ Section 5. The amendment to s. 117.201, Flori da Statutes, 264
398+in this act is intended to clarify existing law and applies 265
399+retroactively to January 1, 2020. 266
400+ Section 6. This act shall take effect July 1, 2023. 267