Bill Text: FL S0462 | 2019 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Judicial Process

Spectrum: Slight Partisan Bill (? 3-1)

Status: (Introduced - Dead) 2019-04-03 - Laid on Table, companion bill(s) passed, see CS/CS/HB 91 (Ch. 2019-67) [S0462 Detail]

Download: Florida-2019-S0462-Introduced.html

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       Florida Senate - 2019                                     SB 462
       
       
        
       By Senator Powell
       
       
       
       
       
       30-00860-19                                            2019462__
    1                        A bill to be entitled                      
    2         An act relating to lis pendens; amending s. 48.23,
    3         F.S.; providing that a person who acquires for value a
    4         lien on property during the course of specified legal
    5         actions takes such lien free of claims in certain
    6         circumstances; specifying the effect of a valid,
    7         recorded notice of lis pendens in certain
    8         circumstances involving a judicial sale; providing
    9         applicability; providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Paragraphs (b) and (d) of subsection (1) of
   14  section 48.23, Florida Statutes, are amended to read:
   15         48.23 Lis pendens.—
   16         (1)
   17         (b)1. An action that is filed for specific performance or
   18  that is not based on a duly recorded instrument has no effect,
   19  except as between the parties to the proceeding, on the title
   20  to, or on any lien upon, the real or personal property unless a
   21  notice of lis pendens has been recorded and has not expired or
   22  been withdrawn or discharged.
   23         2. Any person acquiring for value an interest in, or lien
   24  upon, the real or personal property during the pendency of an
   25  action described in subparagraph 1., other than a party to the
   26  proceeding or the legal successor by operation of law, or
   27  personal representative, heir, or devisee of a deceased party to
   28  the proceeding, shall take such interest or lien exempt from all
   29  claims against the property that were filed in such action by
   30  the party who failed to record a notice of lis pendens or whose
   31  notice expired or was withdrawn or discharged, and from any
   32  judgment entered in the proceeding, notwithstanding the
   33  provisions of s. 695.01, as if such person had no actual or
   34  constructive notice of the proceeding or of the claims made
   35  therein or the documents forming the causes of action against
   36  the property in the proceeding.
   37         (d) Except for the interest of persons in possession or
   38  easements of use, the recording of such notice of lis pendens,
   39  provided that during the pendency of the proceeding it has not
   40  expired pursuant to subsection (2) or been withdrawn or
   41  discharged, constitutes a bar to the enforcement against the
   42  property described in the notice of all interests and liens,
   43  including, but not limited to, federal tax liens and levies,
   44  unrecorded at the time of recording the notice unless the holder
   45  of any such unrecorded interest or lien intervenes in such
   46  proceedings within 30 days after the recording of the notice. If
   47  the holder of any such unrecorded interest or lien does not
   48  intervene in the proceedings and if such proceedings are
   49  prosecuted to a judicial sale of the property described in the
   50  notice, the property shall be forever discharged from all such
   51  unrecorded interests and liens. A valid recorded notice of lis
   52  pendens of such proceedings prosecuted to a judicial sale
   53  remains in effect through the recording of any instrument
   54  transferring title to the property pursuant to the final
   55  judgment unless it expires, is withdrawn, or it is otherwise
   56  discharged. If the notice of lis pendens expires or is withdrawn
   57  or discharged, the expiration, withdrawal, or discharge of the
   58  notice does not affect the validity of any unrecorded interest
   59  or lien.
   60         Section 2. This act is intended to clarify existing law and
   61  shall apply to actions pending on the effective date of this
   62  act.
   63         Section 3. This act shall take effect upon becoming a law.