Bill Text: FL H0145 | 2012 | Regular Session | Introduced

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Bill Title: Residential Foreclosure Proceedings

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2012-03-09 - Died in Civil Justice Subcommittee [H0145 Detail]

Download: Florida-2012-H0145-Introduced.html

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HB 145

1	A bill to be entitled
2	An act relating to residential foreclosure
3	proceedings; providing a short title; creating s.
4	501.1379, F.S.; defining terms; prohibiting certain
5	acts by mortgage collection firms; providing that
6	violations are deceptive and unfair trade practices;
7	providing penalties and remedies; providing for the
8	award of attorney's fees and costs under certain
9	circumstances; providing an effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1.  This act may be cited as the "Florida Mortgage
14	Collection Fairness Act."
15	Section 2.  Section 501.1379, Florida Statutes, is created
16	to read:
17	501.1379  Mortgage collection firms; prohibited practices;
18	penalties and remedies.-
19	(1)  As used in this section, the term:
20	(a)  "Mortgage collection firm" means:
21	1.  An attorney or law firm engaged to represent a party
22	filing a residential mortgage foreclosure action; or
23	2.  A person engaged in debt collection services for a
24	residential mortgage loan.
25	(b)  "Mortgage modification agreement" means a written
26	agreement to modify the interest rate or other terms of a
27	residential mortgage to avoid default of the mortgage or
28	foreclosure proceedings.
29	(2)  A mortgage collection firm may not:
30	(a)  Offer evidence in a residential mortgage foreclosure
31	proceeding that the firm knows to be false.
32	(b)  Knowingly breach a bona fide mortgage modification
33	agreement.
34	(c)  Retake possession, without judicial process, of
35	residential real property for a party filing a mortgage
36	foreclosure action upon such property, unless such property is
37	abandoned for more than 30 days.
38	(3)  A violation of subsection (2) is a deceptive and
39	unfair trade practice and constitutes a violation of the Florida
40	Deceptive and Unfair Trade Practices Act. A mortgage collection
41	firm that violates subsection (2) is subject to the penalties
42	and remedies provided in part II of this chapter, including the
43	award of reasonable attorney's fees and costs under s. 501.2105.
44	Section 3.  This act shall take effect July 1, 2012.

CODING: Words stricken are deletions; words underlined are additions.