Fla. Stat. § 702.06

Current through the 2024 Legislative Session
Section 702.06 - Deficiency decree; common-law suit to recover deficiency

In all suits for the foreclosure of mortgages heretofore or hereafter executed the entry of a deficiency decree for any portion of a deficiency, should one exist, shall be within the sound discretion of the court; however, in the case of an owner-occupied residential property, the amount of the deficiency may not exceed the difference between the judgment amount, or in the case of a short sale, the outstanding debt, and the fair market value of the property on the date of sale. For purposes of this section, there is a rebuttable presumption that a residential property for which a homestead exemption for taxation was granted according to the certified rolls of the latest assessment by the county property appraiser, before the filing of the foreclosure action, is an owner-occupied residential property. The complainant shall also have the right to sue at common law to recover such deficiency, unless the court in the foreclosure action has granted or denied a claim for a deficiency judgment.

Fla. Stat. § 702.06

s. 1, ch. 11993, 1927; CGL 5751; s. 1, ch. 13625, 1929; s.5, ch. 2013-137.
Amended by 2013 Fla. Laws, ch. 137, s 5, eff. 6/7/2013.