New Florida Legislation on Bankruptcy Surrender
Any foreclosure action filed after October 1, 2018 where the borrower has filed Bankruptcy indicating:
- Their intention to surrender the property;
- it has not been withdrawn; AND
- a final order discharging the debt or confirming the repayment plan has been entered
WAIVES ANY DEFENSE TO THE FORECLOSURE.
Your Florida foreclosure counsel must file these Bankruptcy documents sworn to by the borrower in the foreclosure action for use as an admission by the borrower. This will be a very useful tool for you to speed up the foreclosure process and combat other common affirmative defenses in Florida.
ALAW stands ready for October to file these Bankruptcy documents attached to a Request for Judicial Notice or Motion for Judicial Estoppel to prevent defenses from being raised.
For more information on this legal update please contact:
Managing Attorney, General Litigation