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Florida Military Affairs And Related Matters Code Section 250.5205 - Military Affairs - Mortgages, trust deeds, etc.; penalty.

Legal Research Home > Florida Lawyer > Military Affairs and Related Matters > Florida Military Affairs And Related Matters Code Section 250.5205 - Military Affairs - Mortgages, trust deeds, etc.; penalty.

Title XVII   MILITARY AFFAIRS AND RELATED MATTERS

Chapter 250   MILITARY AFFAIRS

250.5205  Mortgages, trust deeds, etc.; penalty.--

(1)  In any proceeding commenced during the period of state active duty or active duty to enforce obligations secured by mortgage, trust deed, or other security upon real or personal property owned prior to the commencement of a period of state active duty or active duty, the court may on its own motion stay the proceedings or otherwise dispose of the case as is equitable to conserve the interests of all parties. The court shall stay the proceedings upon the application of a person or agent of the person in state active duty or active duty unless, in the opinion of the court, the ability of the defendant to comply with the terms of the obligations is not materially affected.

(2)  A sale, foreclosure, or seizure of property for nonpayment of any sum due under any obligation, or for breach of the terms of such obligation, is not valid if made during the period of state active duty or active duty or within 30 days thereafter, unless upon an order previously granted by the court and a return made to and approved by the court.

(3)  This section applies only to obligations secured by a mortgage, trust deed, or other security in the nature of a mortgage upon real or personal property owned by a person in state active duty or active duty at the commencement of the period of state active service and still owed by her or him, which obligation originated prior to such person's period of state active service.

History.--s. 5, ch. 96-342; s. 33, ch. 97-96; s. 34, ch. 97-100; s. 53, ch. 2003-68.

Last modified: November 21, 2006