1. Opposes any amendment to existing Florida law governing real property foreclosures unless those amendments carefully preserve and protect the property rights and due process rights of the holders of interests in or affecting Florida real property.
  2. Supports the Uniform Fraudulent Transfer Act in Florida, as promulgated by the National Conference on Uniform State Laws (NCCUSL), which would amend the current Chapter 727, Uniform Fraudulent Transfers Act.
  3. Supports the Bankruptcy Venue Reform Act of 2021 or any similar subsequent legislation.
  4. Opposes amendments to Section 689.151, Fla. Stat. that would (1) permit an owner of personal property create a tenancy by the entireties by a direct transfer to the owner and the owner’s spouse, notwithstanding the absence of the required common law unities of time and title, and/or (2)change the presumptions to (a) require “clear and convincing” proof that TBE was not intended or created, and (b) create a “conclusive presumption” as to the “intent to create a tenancy by the entirety” when a spouse’s name is added to an ownership document.
  5. Supports changes to Chapter 222 F.S. that protect Florida residents from unintentionally assigning, pledging, or waiving rights to assets that are otherwise exempt from legal process.
  6. Supports the creation of §702.13 Florida Statutes, providing for notice to homeowner in mortgage foreclosure action of possibility of relief under U.S. Bankruptcy Code.
  7. Supports amendments to Chapters 55, 56 and 319 to (i) clarify the effect of a certificate of title on a judgment lien, and (ii) establish procedures for enforcement of a judgment lien against a motor vehicle, mobile home, or vessel.
  8. Supports legislation to amend Fla. Stat. Chapter 713.78 to clarify that (1) storage liens on motor vehicles and vessels can be foreclosed only under the procedures set out in Fla. Stat. 713.78 and 559.917; (2) the same procedures for a lender or owner of a vehicle or vessel to request an inspection related to a towing and storage liens is the same as set out in 713.585 for a repair lien are also applicable to towing and storage liens for vehicles and vessels under Fla. Stat. 713.78; (3) the same procedures for posting a bond regarding repairs on vehicles and vessels in 713.585 and 559.917 are also applicable to towing and storage liens for vehicles and vessels under Fla. Stat. 713.78.
  9. Supports (1) legislation to update and clarify Section 55.205, F.S., Effect of judgment lien, to explicitly cross-reference Section 319.27, F.S; (2) support amendments to Chapters 55, 56 and 319 F.S. to (i) clarify the effect of a certificate of title on a judgment lien, and (ii) establish procedures for enforcement of a judgment lien against a motor vehicle, mobile home, or vessel; (3) support legislation to expand the scope of the Florida Judgment lien on personal property to reach accounts and payment intangibles as defined in Ch . 679, F.S. only of a judgment debtor that is located in this state; and (4) support legislation that makes clear that the above judgment lien can be enforced only through judicial process and not through self-help or replevin without the express consent of the judgment debtor in a post-default record.
  10. Supports the original version of SB528 providing for an increase in the exemption for a debtor’s interest in a personal motor vehicle set forth in Fla. Stat. §222.25 that is applicable equally to all debtors and (2) oppose any legislation providing for a higher exemption amount solely applicable to debtors in bankruptcy.
  11. Supports legislation to update and clarify Chapter 727, F.S., Assignments for the Benefit of Creditors, to (1) update the intent of the statute to provide a uniform procedure for the administration and orderly liquidation of insolvent estates; (2) amend the statute to better reflect practice realities with respect to (i) recording assignments outside Florida, (ii) scheduling case management conferences and requiring case status reports, (iii) turnover of assets, and (iv) rejecting unexpired leases; and (3) create a new provision to define an assignee’s personal liability and the process for asserting claims against the assignee or professionals employed by the estate. (Added 10/24/2022)