Florida Statute 702.12 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 702
FORECLOSURE OF MORTGAGES AND STATUTORY LIENS

View Entire Chapter

F.S. 702.12

702.12 Actions in foreclosure.—

(1)(a) A lienholder, in an action to foreclose a mortgage, may submit any document the defendant filed under penalty of perjury in the defendant’s bankruptcy case for use as an admission by the defendant.

(b) A rebuttable presumption that the defendant has waived any defense to the foreclosure is created if a lienholder submits documents filed in the defendant’s bankruptcy case which:

1. Evidence the defendant’s intention to surrender to the lienholder the property that is the subject of the foreclosure;

2. Have not been withdrawn by the defendant; and

3. Show that a final order has been entered in the defendant’s bankruptcy case which discharges the defendant’s debts or confirms the defendant’s repayment plan that provides for the surrender of the property.

(2) Pursuant to s. 90.203, a court shall take judicial notice of an order entered in a bankruptcy case upon the request of a lienholder.

(3) This section does not preclude the defendant in a foreclosure action from raising a defense based upon the lienholder’s action or inaction subsequent to the filing of the document filed in the bankruptcy case which evidenced the defendant’s intention to surrender the mortgaged property to the lienholder.

(4) This section applies to any foreclosure action filed on or after October 1, 2018.

History.—s. 1, ch. 2018-15.

F.S. 702.12 on Google Scholar

F.S. 702.12 on Casetext

Amendments to 702.12

Arrestable Offenses / Crimes under Fla. Stat. 702.12

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 702.12.

Annotations, Discussions, Cases:

Cases Citing Statute 702.12

Total Results: 5

Ago

Court: Florida Attorney General Reports | Date Filed: 2011-06-16

Snippet: Oct. 21, 1976, Pub.L. No 94-579, Title VII, s. 702. 12 225 So. 2d 177 (Fla 1st DCA 1969). 13 Whaley at

Torres v. State

Court: District Court of Appeal of Florida | Date Filed: 2003-06-20

Citation: 847 So. 2d 614, 2003 Fla. App. LEXIS 9235, 2003 WL 21414661

Snippet: additional 18 sentence points are assessed; Rule 3.702(12) states in pertinent part: Eighteen sentence points

Kelly v. State

Court: District Court of Appeal of Florida | Date Filed: 2001-09-07

Citation: 796 So. 2d 578, 2001 Fla. App. LEXIS 12553, 2001 WL 1045014

Snippet: (1995), and Florida Rule of Criminal Procedure 3.702(12) provide that 18 points are assessed for possession

Carder v. State

Court: District Court of Appeal of Florida | Date Filed: 1999-04-16

Citation: 731 So. 2d 784, 1999 Fla. App. LEXIS 4895, 1999 WL 218189

Snippet: pursuant to Florida Rule of Criminal Procedure 3.702(12), by adding 25 points for carrying a semi-automatic

Theodore v. State

Court: District Court of Appeal of Florida | Date Filed: 1998-12-18

Citation: 722 So. 2d 271, 1998 Fla. App. LEXIS 15963, 1998 WL 879570

Snippet: 01(2), Fla. Slat. (1997). . Fla. R.Crim. P. 3.702(12).