{"data":{"id":"us-fl/fla.-stat.-702.06","jurisdiction":"us-fl","citation":"Fla. Stat. § 702.06","heading":"Deficiency decree; common-law suit to recover deficiency.","body":"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.\nHistory.—s. 1, ch. 11993, 1927; CGL 5751; s. 1, ch. 13625, 1929; s. 5, ch. 2013-137.","path":["CHAPTER 702 FORECLOSURE OF MORTGAGES AND STATUTORY LIENS"],"source_url":"https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute\u0026URL=0700-0799/0702/0702.html","current_through":"2026 Florida Statutes","vintage":"","retrieved_at":"2026-08-27T02:12:33Z","sha256":"6d49484390878ce4c20f1a07c2377391a844a44771059e260f50d8da7b2770d3","source_id":"us-fl","stale":false,"prev":"us-fl/fla.-stat.-702.05","next":"us-fl/fla.-stat.-702.065"},"notice":"GroundRules: Original legal text. Not legal advice."}