HB 73, Relating to Residential Properties, by Representative Moraitis, and HB 7119, Relating to Homeowners’ Associations, by Rep. LaRosa, were sent to Governor Rick Scott today. He has until June 25, 2013 to act on the bills. If he does not veto the bills, they will be effective on July 1, 2013.
As I told you in my last CALL Alert, on Friday of last week (June 7), Gov. Scott approved HB 87, Relating to Mortgage Foreclosures, by Representative Passidomo. The effective date of the bill is June 7, 2013. My Op-Ed piece on HB 87 was published in the Tallahassee newspaper on Saturday. Here is a link to the article: Foreclosure Bill Offers Benefits to Associations.
HB 87 includes an important change to Section 702.10(1), Florida Statutes, which will allow associations to move stalled mortgage foreclosure cases by filing for an expedited order to show cause procedure. Specifically, HB 87 provides that if a junior lienholder (including a condominium, cooperative or homeowners’ association) requests an order to show cause be entered, the judge shall immediately review the request and the court file in chambers and without a hearing and, if the file meets the requirements of the statute, the judge shall promptly issue an order directed at the other parties to show cause why a final judgment of foreclosure should not be entered. The order to show cause procedure in Section 720.10(1), Florida Statutes, applies even if the residence is owner-occupied. The law already allows a bank to file such a request for an order to show cause. HB 87 extends this right to other lienholders.
If you would like to read the entire bill, click here: HB 87.
Very truly yours,
Yeline Goin, Executive Director
Community Association Leadership Lobby (CALL)