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Foreclosures 2013 Legislation

Foreclosures 2013 Legislation

Foreclosure signUpdated April 2, 2013

(Excludes foreclosures due to tax delinquencies and homeowner associations)

The housing market continues to be turbulent. Delinquent payments and the number of homeowners entering foreclosure continue, although the numbers are slowing improving. Job losses and continued unemployment continue to drive the delinquency and foreclosure increases. The employment recovery is progressing slowly.

In 2013, lawmakers in 38 states and Puerto Rico have introduced legislation regarding foreclosures. The list below contains legislation regarding regulating foreclosure consultants and distressed property purchasers, amending the foreclosure process to address concerns regarding so-called robo-signing and protecting tenants' rights who are renting homes facing foreclosure.

As of this update, one state has enacted legislation or adopted resolutions in 2013. New Mexico enacted legislation creating the state's Financial Regulation Fund using the settlement funds from the National Mortgage Settlement. Money in the fund is subject to appropriation by the legislature to the financial institutions division to support and improve state financial regulation and supervision as provided in the consent judgment.
 

AL | AZ | ARCA | CO | CT | DEFL | GA | HIIL | IN | IA | KS | KY | LA | ME | MD | MAMN | MS | MO | NV | NH | NJ | NM | NY | NC | OK | OR | PA | PR | RI | SCTX | UT | VT | VA | WA
STATES
BILL SUMMARY
Alabama
S.B. 38
Under existing law, the Alabama Land Bank Authority may acquire tax delinquent properties for rehabilitation. This bill expands the definition of the term "agreement" to include an agreement between an authority and a local authority. This bill defines the term "local authority" as an authority created by a county or municipality for the purposes of transferring property to the land bank authority. This bill allows the land bank authority to institute a foreclosure action and to acquire title to property by purchase, donation, exchange, or otherwise provide the procedure to institute a foreclosure action. This bill allows the land bank to submit a request to the land commissioner of the state of Alabama for transfer of the state's interest in tax delinquent properties that have been held by the state for at least five years. This bill provides the procedure for the conveyance or the disposition of properties or rights or interests held by the land bank authority. This bill provides for the creation of local land bank authorities.
Alaska
none
Arizona
H.B. 2033
To House for concurrence 3/25/13
Requires an affidavit to be completed and recorded for a conveyance by a trustee’s deed pursuant to the power of sale under a deed of trust. States that an affidavit filed on the transfer of property conveyed by a trustee’s deed under a trustee’s power of sale must include the full amount of monies or other compensation received for the property by the beneficiary, including amounts received from a trustee sale and any amounts received by the beneficiary in the form of insurance proceeds or other benefits paid by the purchaser or a third party.
H.B. 2193
Relates to foreclosed properties; relates to homeowners' associations; relates to maintenance.
H.B. 2281
To House for concurrence 3/26/13
Specifies that if an owner receives notice of a trustee’s sale or other notice of foreclosure on the property after a tenant has entered into a rental agreement, the owner must provide the tenant with written notice of the trustee’s sale or foreclosure.
H.B. 2624
Establishes a foreclosure mediation program.
H.B. 2634
Relates to residential foreclosure prevention assistance, includes notice requirements, single point of contact, loan modification, and notice for tenants.
S.B. 1141
Relates to a liability for deficiency on short sale under deed of trust; provides for liens.
S.B. 1400
Establishes a foreclosure mediation program.
S.B. 1401
Allows a homeowner the right to rent the foreclosed property.
Arkansas
H.B. 1844
Reforms residential mortgage foreclosure procedures and practices. Rrequires that circuit clerks as part of their official duties conduct judicial sales and statutory foreclosure sales and that fees for conducting the sales be distributed to county government.
H.B. 1847
Reforms mortgage foreclosure procedures and practices. Rrequires circuit clerks to conduct judicial sales Abolishes the authority and procedures to perform statutory foreclosures.
California
A.B. 42
The Personal Income Tax Law conforms to specified provisions of federal law relating to the exclusion of the discharge of qualified principal residence indebtedness, as defined, from an individual’s income if that debt is discharged after Jan. 1, 2007, and before Jan. 1, 2013, as provided. The federal American Taxpayer Relief Act of 2012 extended the operation of those provisions to debt that is discharged before Jan. 1, 2014. This bill conforms to the federal extension.
A.B. 1036
Existing law imposes various preconditions for exercising a power of sale under a mortgage or deed of trust, including, among other things, recording a notice of default and a notice of sale. Existing law authorizes a borrower to seek an injunction and damages for violations of certain of the requirements described above, except as specified. Existing law authorizes the greater of treble actual damages or $50,000 in statutory damages if a violation of certain requirements is found to be intentional or reckless or resulted from willful misconduct, as specified. Existing law authorizes the awarding of attorney’s fees for prevailing borrowers, as specified. Existing law provides that a grant of real property that is intended to be voidable on the performance of certain conditions is not voided as to the grantee or other specified persons having actual notice, unless a instrument of defeasance is recorded with the county recorder. Existing law provides that the maxims of jurisprudence set forth in the provisions of the California Civil Code do not qualify that code’s provisions, but are instead intended to aid in their application. This bill makes technical, non-substantive changes to those provisions.
A.B. 1072
Existing law, applicable to residential mortgages, prohibits a person who negotiates, arranges, or otherwise offers to perform a mortgage loan modification or other form of mortgage loan forbearance for a fee or other compensation from, among other things, demanding or receiving any compensation until every service that the person contracted to perform or represented that he or she would perform is accomplished. Existing law makes a violation of these provisions by a natural person a misdemeanor punishable by a specified fine or imprisonment, or both. This bill authorizes a violation of these provisions to be punished as a felony with imprisonment in county jail, as specified.
A.B. 1091
Existing law requires that, upon a breach of the obligation of a mortgage or transfer of an interest in property, the mortgagee, trustee, or beneficiary record a notice of default in the office of the county recorder where the mortgaged or trust property is situated and mail the notice of default to the mortgagor or trustor. Existing law specifies other requirements and procedures for completion of a foreclosure sale, including recording a notice of sale prior to exercising a power of sale. Existing law requires, under a notice of default, that a summary of mortgage terms be provided to the mortgagor or trustor, as specified. This bill requires a notice of default and the summary of mortgage terms provided to a mortgagor or trustor to include a statement that includes the telephone number of the Homeowners Home Ownership and Opportunity for People Everywhere (HOPE) program or a similar mortgage payment assistance program of the United States Department of Treasury or Housing and Urban Development.
S.B. 30
The Personal Income Tax Law conforms to specified provisions of the federal Mortgage Forgiveness Debt Relief Act of 2007, relating to the exclusion of the discharge of qualified principal residence indebtedness, as defined, from a taxpayer’s income if that debt is discharged after Jan. 1, 2007, and before Jan. 1, 2010, as provided. The federal Emergency Economic Stabilization Act of 2008 extended the operation of those provisions to debt that is discharged before Jan. 1, 2013. This bill extends the operation of the exclusion of the discharge of qualified principal residence indebtedness to debt that is discharged on or after Jan. 1, 2013, and before Jan. 1, 2014.
S.B. 310
Existing law requires a mortgage servicer, mortgagee, trustee, beneficiary, or authorized agent to, among other things, contact the borrower prior to filing a notice of default to explore options for the borrower to avoid foreclosure, as specified. Existing law, until Jan. 1, 2018, prohibits a mortgage servicer, mortgagee, trustee, beneficiary, or authorized agent from recording a notice of default if a foreclosure prevention alternative is approved in writing prior to the recordation of a notice of default under certain circumstances. Existing law, operative Jan. 1, 2018, prohibits a mortgage servicer, trustee, mortgagee, beneficiary, or authorized agent from recording a notice of sale or conducting a trustee's sale while a foreclosure prevention alternative application submitted by the borrower is pending, as specified. Existing law, until Jan. 1, 2018, prohibits a mortgage servicer, trustee, mortgagee, beneficiary, or authorized agent from recording a notice of default, notice of sale, or conducting a trustee's sale while a complete first lien loan modification application submitted by the borrower is pending, as specified. Existing law, until Jan. 1, 2018, authorizes a borrower to bring an action for injunctive relief to enjoin a material violation of certain of these provisions if a trustee's deed of sale has not been recorded. This bill exempts a licensed title company or underwritten title company from liability for a violation of those provisions if it records or causes to record a notice of default or notice of sale at the request of a trustee, substitute trustee, or beneficiary, in good faith and in the normal course of its business activities.
S.B. 426
Existing law provides that no deficiency judgment shall lie following a judicial foreclosure with respect to certain enumerated circumstances, including, among others, after a sale of real property or an estate for years therein for failure of the purchaser to complete his or her contract of sale. Existing law prohibits a judgment to be rendered for a deficiency on a note secured by a deed of trust or mortgage on real property or an estate for years therein, as specified. This bill prohibits a deficiency from being owed or collected following a judicial foreclosure with respect to the enumerated circumstances. The bill also prohibits a deficiency from being owed or collected for a deficiency on a note secured by a deed of trust or mortgage on real property or an estate for years therein, as specified, and makes non-substantive changes to these provisions.
Colorado
H.B. 1249
Requires that residential foreclosures be initiated only by persons with a security interest in the property and requiring good-faith dealing in loan modification negotiations.
Connecticut
H.B. 6068
Failed Joint Favorable deadline 3/14/13
Provides a mechanism for faster approval of short sales and discourages dual tracking of short sale and foreclosure matters by all mortgage lenders.
H.B. 6263
Failed Joint Favorable deadline 3/14/13
Assists people facing foreclosure or mortgage loan modification.
H.B. 6355
Amends provisions regarding foreclosure mediation, assignment of mortgages and filing a motion for judgment of foreclosure simultaneously with a motion for default for failure to appear.
H.B. 6419
This bill extends the judicial foreclosure mediation program by two years, until July 1, 2016. This extension applies to foreclosure actions with return dates on or after (1) July 1, 2009 for residential real property and (2) Oct. 1, 2011 for religious organizations' real property.
H.B. 6435
Increases revenue by eliminating the foreclosure exemption from the requirement for payment of the conveyance tax.
H.B. 6662
Extends the number of months for which common expense assessments due a common interest unit owners' association may be counted for purposes of a lien from six months to 12 months. Provides greater statutory protections to unit owners' associations seeking reimbursement for unpaid assessments that are incurred during the pendency of a foreclosure action.
S.B. 453
Provides that a mortgage lender may not seek attorney's fees for legal services rendered after the third mediation session between the lender and the mortgagor.
S.B. 454
Provides that (1) a representative of the mortgage lender, who possesses the authority to settle the proceeding, shall be required to attend the third mediation session pertaining to the action and any mediation session held thereafter, and (2) a default in favor of the mortgagor shall enter if the mortgage lender does not ensure that a representative with settlement authority attends such mediation sessions.
S.B. 744
Provides the Superior Court with the authority to order the market sale of any real property containing a building or structure that is occupied or intended to be occupied by not more than four families.
S.B. 764
Repeals provisions concerning foreclosure by a person to whom the legal title to the mortgaged premises has not been conveyed.
S.B. 971
Supports the attorney general's settlement with five large mortgage servicers by providing a faster mechanism of short sales and discouraging double-tracking of short sale and foreclosure matters by all mortgage lenders.
S.B. 1059
Supports the attorney general's settlement with five large mortgage servicers by providing a faster mechanism of short sales and discouraging double-tracking of short sale and foreclosure matters by all mortgage lenders.
S.B. 1102
Repeals the statutory provision concerning foreclosure by a person to whom the legal title to the mortgaged premises has not been conveyed.
Delaware
H.B. 40
Passed House 3/26/13
This bill extends the Automatic Residential Mortgage Foreclosure Mediation Program and the Office of Foreclosure Prevention for four additional years beyond the current sunset date in January 2014. The bill also makes technical changes to the administration of the program and changes the mechanics for paying the mediation fee.
District of Columbia
none
Florida
H.B. 87
Revises limitations period for commencing action to enforce claim of deficiency judgment after foreclosure action. Provides for applicability to existing causes of action. Specifies required contents of complaint seeking to foreclose on certain types of residential properties. Authorizes sanctions against plaintiffs who fail to comply with complaint requirements. Requires court to treat collateral attack on final judgment of foreclosure on mortgage as claim for monetary damages. Prohibits court from granting certain relief affecting title to foreclosed property. Provides for construction relating to rights of certain persons to seek relief or pursue claims against foreclosed property. Llimits amount of deficiency judgment. Revises class of persons authorized to move for expedited foreclosure. Provides requirements and procedures with respect to order directed to defendants to show cause. Provides failures by defendant to make filings or appearances may have legal consequences. Requires court to enter final judgment of foreclosure and order foreclosure sale. Provides for liability of persons who wrongly claim to be holders of or entitled to enforce a lost, stolen, or destroyed note and cause mortgage secured thereby to be foreclosed.
H.B. 169
Requires owner of residential property in foreclosure proceedings or for which mortgage payments are in arrears for specified period to provide notice to tenants. Provides criminal penalties. Provides that for properties with multiple dwelling units, failure to comply with requirements as to each separate unit constitutes separate offense. Prohibits a person from knowingly leasing such residential property unless the tenant signs a notarized statement containing certain waivers. Requires a landlord to provide a copy of the statement to the mortgage holder. Provides that leases which violate notice requirements are presumed fraudulent and voidable within a specified period; provides requirements for a landlord to overcome such presumption.
H.B. 371
S.B. 1226
Provides that act's provisions apply to homestead property mortgaged within certain time period; provides statute of limitations for entering deficiency judgment; limits the period that lienholder can collect moneys owed. Provides that the collection time may be tolled if the debtor commits fraud or if the debtor is held in contempt of court.
H.B. 1101
S.B. 1218
Provides short title; defines term "mortgage collection firm." Prohibits mortgage collection firm from offering false evidence in mortgage foreclosure proceeding. Provides that violation is deceptive and unfair trade practice. Provides penalties and remedies; provides for award of attorney fees and costs under certain circumstances.
H.B. 1177
Creates "Florida Homeowners Bill of Rights Act." Provides procedures, requirements, and limitations with respect to mortgage servicer's processing of borrower's application for modification of mortgage loan as foreclosure prevention alternative; requires mortgage servicer to provide single point of contract for mortgage borrower seeking mortgage modification. Requires single point of contact to engage in specified activities and perform certain services with respect to borrowers. Provides requirements and procedures with respect to borrower's request for short sale of mortgaged property. Provides requirements, procedures, and limitations with respect to mortgage servicer's obtaining of force-placed insurance coverage on borrower's mortgaged property. Defines "robo-signed" or "robo-signing." Provides for imposition of civil penalties against any mortgage servicer who engages in robo-signing; provides for private causes of action for material violations of act by mortgage servicers. Provides for statutory and actual damages and attorney fees and costs in such actions.
H.B. 1303
S.B. 1236
Creates "Mortgage Principal Reduction Act." Requires that the Florida Housing Finance Corporation apply to U.S. Department of Treasury to request funds from the federal Hardest-Hit Fund program to establish a new state program to reduce the principal on mortgages for persons whose homestead property in this state is in foreclosure. Requires corporation to use allocated funds to purchase delinquent mortgages from lenders at discount to reduce mortgage principal amount due on mortgage. Creates application process and corporate procedures. Specifies that only members of The Florida Bar and HUD-certified counselors working for nonprofit entity may assist program applicants in applying for or program participants in servicing loan created by program. Requires that corporation submit monthly reports to Office of Governor, President of Senate, & Speaker of House of Representatives.
S.B. 516
Requires the owner of a residential property that is in foreclosure proceedings or for which mortgage payments are in arrears for a specified period to provide notice to tenants within a specified period. Prohibits a person from knowingly leasing such residential property unless the tenant signs a notarized statement containing certain waivers.
S.B. 1228
Creates the “Short Sale Debt Relief Act." Provides that a debtor does not owe a deficiency to a lienholder related to an eligible real property sold pursuant to a bona fide short sale if an offer is received by a debtor within a specified time period and under specified conditions.Requires a lienholder to approve the short sale of property and execute any document necessary to close the sale within a specified time period if a debtor procures a buyer who makes an offer in writing equal to the fair market value of the eligible property, etc.
S.B. 1666
Provides that the second publication of the notice of sale may be published on a publicly accessible website of the clerk of the court in lieu of publication in any other form of media. Requires that a publicly accessible Internet website must be approved for legal publication, advertisement, and notice by the Florida Clerks of Court Operations Corporation. Provides that between two specified dates, a retired justice or retired judge is not subject to certain limitations otherwise applicable to retired employees, etc.
Georgia
H.B. 47
Relates to foreclosures in general, so as to provide, under certain circumstances, for an opportunity, prior to foreclosure, for a debtor to cure a foreclosure and bring the debt current by making all past due payments along with any late fees and charges. Provides for a method of payment. Provides for a limitation.
H.B. 49
Enacts the "Foreclosure Rescue Fraud Prevention Act." Provides for definitions. Provides for foreclosure rescue consultants and firms to be bonded. Provides for the application of certain state consumer protection laws to foreclosure rescue transactions. Provides that unfair foreclosure rescue transactions are unlawful and void and provides for remedies.
H.B. 83
Sent to governor 4/1/13
Exempts licensed real estate brokers and salespersons assisting in a short sale real estate transaction from the mortgage broker licensing requirements.
H.B. 160
Passed both houses 3/28/13
Relates to mortgages, conveyances to secure debt, and liens in general, so as to revise provisions relating to vacant and foreclosed real property registries.
H.B. 344
Relates to foreclosure in general, so as to provide for certain requirements for obtaining money judgments on obligations secured by deeds to secure debts or mortgages on real property.
H.B. 502
Relates to property owners' associations, so as to provide that mortgage holders shall pay up to six months of unpaid property association fees on a property upon foreclosure.
H.R. 75
Creates the House Study Committee on the Foreclosure Crisis.
H.R. 757
Urges the Department of Community Affairs to adopt critically needed changes to the federally funded HomeSafe Georgia program in order to accomplish its purpose to prevent home foreclosure for Georgia families due to unemployment and other causes.
S.B. 56
Requires the purchaser of a condominium development or other property development at a foreclosure sale to take title subject to a lien in favor of the condominium or property owners' association.
S.B. 106
Provides that an appraisal must be performed for a deficiency judgment on real estate sold on foreclosure and provides for deficiency judgment amount determinations.
S.B. 108
Revises provisions relating to foreclosure of security deeds. Changes provisions relating to the transfer of security deeds; requires recording prior to foreclosure. Provides for owners' rights to obtain payoff balances from creditors. Changes provisions relating to the timing, contents, and manner of delivery of foreclosure notices. Amends Title 16 of the Official Code of Georgia Annotated, relating to crimes, so as to change provisions relating to the crime of residential mortgage fraud. Provides for the crime of residential foreclosure fraud and prescribes elements of the crime and penalties.
S.B. 123
Relates to general provisions relative to foreclosure, so as to provide that after Dec. 31, 2013, any document or instrument made for the purpose of securing the payment of money for owner occupied residential real property shall be deemed to be a mortgage.
S.B. 126
Relates to foreclosure in general, so as to provide for certain requirements for obtaining money judgments on obligations secured by deeds to secure debts or mortgages on real property.
S.R. 595
Urges the Department of Community Affairs to adopt critically needed changes to the federally funded HomeSafe Georgia program in order to accomplish its purpose to prevent home foreclosure for Georgia families due to unemployment and other causes.
Guam
not available
Hawaii
H.B. 21
Passed House 3/5/13
Permits the board of directors of a condominium association to collect a six-month special assessment from the mortgagee or other purchaser of a unit with a recorded lien for delinquent common assessments. Specifies how excess rental income received by a condominium association shall be paid to existing lien holders.
H.B. 25
Passed House 3/5/13
S.B. 508
Allows a condominium association, as a junior lienholder, to commence or continue a nonjudicial foreclosure action on a property subject to a judicial foreclosure even if the lender has filed for foreclosure. Preserves the right of owner-occupants to require the foreclosing mortgagee to participate in the dispute resolution process in situations where an association forecloses on residential real property occupied by one or more owner-occupant mortgagors for whom the unit is and has been the person's primary residence for a continuous period of not less than two hundred days immediately preceding the date on which the notice is served and the mortgagee subsequently forecloses its lien on the same property.
H.B. 168
S.B. 550
Prevents any court or mortgagee from commencing a proceeding to enforce a lien or foreclosure action against real property owned by a member of a reserve component of any branch of the United States armed forces or member of the state military forces until that member of a reserve component or member has returned to the State for a period of one year.
H.B. 1417
S.B. 1370
Passed Senate 3/5/13
Expands the application of mandatory mortgage foreclosure dispute resolution by requiring mortgagees, at the mortgagor's election, to participate in mediation to avoid foreclosure or mitigate damages from foreclosure prior to filing a judicial foreclosure action for property that has been the mortgagor's primary residence for a specified period. Applies the dispute resolution requirement to judicial foreclosure actions filed prior to the effective date of this bill and pending an initial court hearing.
S.B. 601
Prohibits deficiency judgment in cases of court-ordered foreclosures.
S.B. 960
Passed Senate 3/5/13
Establishes a notice of postponement or cancellation of sale requirement under part IA, chapter 667, Hawaii Revised Statutes, relating to judicial foreclosures.
Idaho
none
Illinois
H.B. 99
Passed House 2/28/13
Amends the Mortgage Foreclosure Article of the Code of Civil Procedure. Provides that a section concerning homeowner protection is repealed July 1, 2016.
H.B. 847
Amends the Code of Civil Procedure. Makes a technical change in a section regarding the short title of the Article concerning mortgage foreclosures.
H.B. 1112
Amends the Code of Civil Procedure. Makes a technical change in a section regarding the short title of the Article concerning mortgage foreclosures.
H.B. 1113
Amends the Code of Civil Procedure. Makes a technical change in a section regarding the short title of the Article concerning mortgage foreclosures.
H.B. 2256
Amends the Illinois Housing Development Act. Adds a cross reference to the Code of Civil Procedure in a Section concerning the Abandoned Residential Property Municipality Relief Program. Amends the Code of Civil Procedure. Provides that two percent of certain fees collected shall be retained by the clerk of court for deposit into the Circuit Court Clerk Operation and Administrative Fund to defray administrative expenses. Replaces provisions concerning the imposition of additional fees with language providing that until January 1, 2018, with respect to residential real estate, at the time of the filing of a foreclosure complaint, the plaintiff or plaintiff's representative shall: file a statement that states which additional fee is due; or comply with other process established by the court for a plaintiff to certify which additional fee is due. Provides that if a plaintiff fails to provide the clerk of the court with a true and correct statement of the additional fee due, and the mortgagor reimburses the plaintiff for any erroneous additional fee that was paid by the plaintiff to the clerk of the court, the mortgagor may seek a refund of any overpayment of the fee in an amount that does not exceed the difference between the higher additional fee paid and the actual fee due. Provides that the mortgagor must petition the judge in the foreclosure action for the award of any fee overpayment, and the award shall be determined by the judge and paid by the clerk of the court out of the Circuit Court Clerk Operation and Administrative Fund. Provides that the refund is the mortgagor's sole remedy and a mortgagor has no private right of action against the plaintiff or plaintiff's representatives if the additional fee paid by the plaintiff is erroneous. Provides that certain motions for an expedited judgment and sale shall be heard by the court no later than 21 (instead of 15) days after the period to answer the foreclosure complaint has expired, or, if a motion for an expedited judgment and sale is filed after the period to answer the foreclosure complaint has expired, no later than 21 (instead of 15) days after the motion is filed.
H.B. 2645
Amends the Common Interest Community Association Act. Provides that the purchaser of a unit of a common interest community, other than a mortgagee, must pay the common expenses for the unit, attorneys' fees, and other charges related to the common expenses that would have been due during the 12 months before a foreclosure judicial sale or the delivery of a deed in lieu of foreclosure and if common expenses are paid at any time, the purchaser, other than the mortgagee, has no obligation to pay any common expenses that accrued before the purchaser acquired title. Amends the Condominium Property Act. Provides that the purchaser of a condominium unit at a judicial foreclosure sale, other than a mortgagee, or a purchaser who acquires title from a mortgagee following a judicial foreclosure sale or the delivery of a deed in lieu of foreclosure must pay the proportionate share of the unit's common expenses, attorneys' fees, and other charges related to the common expenses that would have been due during the 12 months before a judicial sale or execution of a deed in lieu of foreclosure (instead of must pay common expenses, without attorney's fees included, for the six months incurred immediately before the filing of an action to collect common expenses) and if the common expenses are paid, the purchaser, other than the mortgagee, has no obligation to pay any common expenses that accrued before the purchaser acquired title. Provides that the board of a common interest community association and the board of a condominium master association shall have the authority to impose charges for the late payment of a unit owner's common expenses share or other expenses lawfully agreed upon. Makes other changes.
H.B. 2646
Amends the Condominium Property Act. Provides that the purchaser of a condominium unit at a judicial foreclosure sale, other than a mortgagee, or a purchaser of a condominium unit from a mortgagee who acquired title through a judicial foreclosure, a consent foreclosure, a common law strict foreclosure, or the delivery of a deed in lieu of foreclosure (instead of the purchaser of a condominium unit at a judicial foreclosure sale, other than a mortgagee, who takes possession of a condominium unit pursuant to a court order or a purchaser who acquires title from a mortgagee) shall have the duty to pay to the association an amount not to exceed the total of the regular monthly assessments for the condominium unit for the nine-month period immediately preceding the relevant event. Provides that the amount due may include any attorney's fees and court costs, but may not exceed nine months of regular assessments due over the same nine-month period. Deletes language providing that the purchaser shall have the duty to pay the proportionate share, if any, of the common expenses for the unit which would have become due in the absence of any assessment acceleration for the six months immediately preceding the institution of an action to enforce the collection of assessments, and which remain unpaid. Deletes language providing that if the outstanding assessments are paid at any time during an action to enforce the collection of assessments, the purchaser shall have no obligation to pay any assessments which accrued before he or she acquired title. Provides that the notice of a foreclosure sale of a condominium unit shall state that a purchaser, other than a mortgagee, shall pay to the association any unpaid monthly assessments for the nine-month period preceding the sale, including attorney's fees and court costs. Provides that each offer of sale or contract for the sale of a condominium unit under the new provisions shall state that the purchaser of the unit shall pay to the association the fees required by the new provisions, and that each disclosure statement issued to a prospective purchaser shall list the required fees. Provides that in certain situations, the owner or owner's agent of a condominium unit must make specified information available within 10 days of the request (instead of "upon demand"). Deletes language providing that the principal officer of the unit owner's association or such other officer as is specifically designated shall furnish certain information when requested to do so in writing and within 30 days of the request.
H.B. 2722
Amends the Real Estate License Act of 2000. Includes within the definition of "broker" an individual, partnership, limited liability company, corporation, or registered limited liability partnership who negotiates, facilitates, offers, attempts, or agrees to negotiation or facilitate the short sale of residential property or otherwise engages in short sale facilitation. Defines "short sale facilitation."
H.B. 2847
Amends the Code of Civil Procedure. Makes a technical change in a section regarding the short title of the Article concerning mortgage foreclosures.
H.B. 2848
Amends the Code of Civil Procedure. Makes a technical change in a section regarding the short title of the Article concerning mortgage foreclosures.
H.B. 2968
Amends the Property Tax Code. Provides that, through Dec. 31, 2015, the assessed valuation of certain platted and subdivided property shall be determined based on the last assessed value assigned to the property prior to its last transfer or conveyance, not including the following transfers and conveyances: (i) the transfer to a holder of a mortgage pursuant to a mortgage foreclosure proceeding or pursuant to a transfer in lieu of foreclosure; (ii) the transfer to an agent or affiliate of a mortgage holder for the purposes of property management following a mortgage foreclosure proceeding or a transfer in lieu of foreclosure; or (iii) an initial sale of any platted lot. Provides that, beginning on Jan. 1, 2016 (instead of Jan. 1, 2012), the assessed valuation of that property shall be determined each year based on the estimated price the property would bring at a fair voluntary sale for use by the buyer for the same purposes for which the property was used when last assessed prior to its platting.
H.B. 2990
Amends the Property Tax Code. Creates a reduction for improvements to foreclosed property. Provides that the assessed value of those improvements shall be reduced 10 percent of the equalized assessed value of the improvements on June 30, 2012. Provides that the reduction shall be for a period of five years, and is subject to certain conditions.
S.B. 56
Passed Senate 3/13/13
Amends the Mortgage Foreclosure Article of the Code of Civil Procedure. Provides that a section concerning homeowner protection is repealed July 1, 2016.
S.B. 1082
Amends the Mortgage Rescue Fraud Act. Makes a technical change in a section concerning the short title.
S.B. 1088
Amends the Code of Civil Procedure. Makes a technical change in a section regarding the short title of the Article concerning mortgage foreclosures.
S.B. 1602
Amends the Code of Civil Procedure. Provides that in the case of a foreclosure, the landlord may terminate a tenancy established prior to the confirmation of sale only (i) at the end of the term of the lease agreement by written notice issued not earlier than 90 days prior to the end of the term of the lease; or (ii) in the case of a month to month or week to week tenancy, by 90 days' written notice. Provides that the entry of a judgment of foreclosure shall not terminate or otherwise affect the rights or interest of any occupant of a dwelling unit who has a lease or tenancy resulting from an arm's length transaction and who is not the mortgagor, whether or not the occupant has been made a party in the foreclosure. Provides that the holder of the certificate of sale, the holder of the deed issued pursuant to that certificate, or if no certificate or deed was issued, the purchaser at the sale shall: (i) assume the lease or tenancy of the mortgaged real estate resulting from an arm's length transaction entered into prior to the confirmation of sale; (ii) assume any federal, state, or local housing subsidy contract for the dwelling unit for the duration of the contract or the assumed lease, whichever is shorter; (iii) assume his or her interest in the mortgaged real estate subject to the rights of any occupant; and (iv) not terminate the occupancy or any occupant's tenancy except as otherwise provided in the Code. Provides that the purchaser who offers money or other valuable consideration to an occupant of a dwelling unit as an incentive to vacate the premises shall tender the offer in accordance with specified conditions. Makes corresponding changes.
S.B. 1728
Amends the Code of Civil Procedure. Provides that a section concerning homeowner protections is repealed on Jan. 1, 2014 (instead of July 1, 2013). Adds a new section concerning homeowner protection which becomes operative on Jan. 1, 2014 and contains substantially the same provisions of the former section, with additions and deletions. Defines terms. Provides that the notice provided to certain mortgagors in default must contain language advising the mortgagor that a list of approved housing counselors can be found on the website of the Illinois Foreclosure Prevention Network. Adds requirements concerning: foreclosure prevention alternative applications; documents relative to foreclosure proceedings; proceedings in foreclosure actions; and private rights of action. Provides that the section concerning homeowner protection applies only to residential real estate with no more than four dwelling units that is occupied as a principal residence by the mortgagor and that its provisions are severable. Provides that the Department of Financial and Professional Regulation may adopt rules to implement the section. Provides that for certain types of properties, a mortgage foreclosure complaint must contain statements as to what sustainable loan workout plans or foreclosure prevention alternatives have or will be attempted. Amends the Conveyances Act. In provisions concerning the effect of recording deeds, mortgages, and other instruments, makes the following changes: provides that those provisions also apply to the recording of assignments, mortgage releases, mortgage modifications, land equity loans, liens, lis pendens, and memoranda of judgment; changes the scope to instruments that affect interests in real property; and provides that deeds and title papers are void until recorded (instead of void until recorded as to creditors and subsequent purchasers) with the recorder's office in the county in which the property is located.
S.B. 1740
Amends the Property Tax Code. Creates the residential foreclosure to affordable housing assessment freeze law. Creates a reduction for improvements to foreclosed property. Provides that the chief county assessment officer shall reduce the assessed value of those improvements to 10 percent of the assessed value of those improvements for five taxable years if certain criteria are met.
S.B. 2166
Amends the Code of Civil Procedure. Makes a technical change in a section regarding the short title of the Article concerning mortgage foreclosures.
S.B. 2170
Amends the Code of Civil Procedure. Makes a technical change in a section regarding the short title of the Article concerning mortgage foreclosures.
Indiana
H.B. 1084
Passed House 1/31/13
Makes changes to the mortgage rescue protection fraud act to make it consistent with the credit services organization act and the home loan practices act, including providing that the statute of limitations on filing claims runs for five years from the occurrence of the violation and not from the time the home loan is made. Allows for suspension of the license of an individual licensed under the real estate licensing law for an emergency period if the licensee has engaged in material and intentional misrepresentations or omissions. (The law currently allows for emergency suspension of the licenses of real estate appraisers only.) Makes changes to the law governing homeowners associations to make the financial and certain legal records of an association available to members of the association and to the office of the attorney general.
H.B. 1308
Passed House 2/11/13
Requires a clerk of a court who must collect a civil costs fee from a party filing a civil action to also collect a $50 mortgage foreclosure counseling and education fee from a party filing a civil action to foreclose a mortgage. Requires that mortgage foreclosure counseling and education fees collected by a clerk must be deposited in the home ownership education account.
H.B. 1487
Requires a court, in a mortgage foreclosure action with respect to an occupied dwelling, to consider evidence concerning the effect of the foreclosure. Requires the court to withhold entry of judgment in a foreclosure action for 180 days if the court finds: (1) entry of a judgment of foreclosure will have a negative effect on the occupant or neighborhood, or may lead to the house becoming vacant; and (2) there is a reasonable possibility that withholding entry of judgment in a foreclosure action will reduce the negative effects.
H.B. 1537
Permits an enforcement authority to file a praecipe for a sheriff's sale following a foreclosure action if: (1) the creditor does not file a praecipe within 30 days; and (2) the enforcement authority has issued an abatement order with respect to the property. Requires the plaintiff in a mortgage foreclosure action to notify the appropriate enforcement authority: (1) when the plaintiff files the complaint; and (2) if the complaint is dismissed. Permits an enforcement authority to petition a court to determine that a property is abandoned before a creditor has filed a foreclosure action. Requires the enforcement authority to serve a copy of its petition on the debtor, creditor, and any other appropriate party. Provides that, if a court finds that the property is abandoned, the creditor must file a foreclosure action within 90 days. Makes conforming amendments.
S.B. 279
Passed Senate 2/19/13
Eliminates a provision under which certain omitted parties (parties who have an interest in the property subject to a mortgage foreclosure action but who are not named in the foreclosure action) are bound by the court's judgment in the foreclosure action as if they had been parties to the foreclosure action. Limits the post-sale redemption rights of certain omitted parties.
Iowa
H.F. 251
Provides that a creditor of a service member who, prior to entering military service, entered into a mortgage contract with the service member for the purchase of real or personal property shall not foreclose on the mortgage or repossess the property for nonpayment or for any breach during the service member's military service without an order from a court of competent jurisdiction.
S.F. 231
Passed Senate 3/12/13
S.S.B. 1032
Became S.F. 231 2/20/13
This bill relates to the requirement that creditors provide notice of the availability of counseling and mediation services to homeowners facing foreclosure. The bill extends the repeal of the notice requirement from July 1, 2013, to July 1, 2014.
Kansas
H.B. 2360
The bill amends existing law relating to stays of mortgage foreclosure proceedings against active-duty service members and their dependents. In a judicial foreclosure proceeding against an active-duty service member or the member’s dependent, the plaintiff would be required to file an affidavit with the court stating whether the plaintiff was able to determine the defendant’s service member or dependent status. If the plaintiff determines that the defendant is a service member or dependent thereof, the court may not enter a default judgment against the defendant prior to appointing an attorney for the defendant. The bill also requires the court to stay all foreclosure proceedings until 180 days after release for military service. Submitting a false affidavit would be punishable as a severity level ten nonperson felony and a civil fine not to exceed $10,000. Authorizes the attorney general to file an action in district court to enforce the provisions of the bill. Any recovery would be split between the Service Member Benefit Fund of the Kansas Commission on Veterans Affairs (90 percent) and the Court Cost Fund of the Office of the Attorney General (10 percent).
Kentucky
H.B. 351
Creates a new section of KRS Chapter 426 to provide that actions to recover deficiency judgments resulting from foreclosure proceedings related to a debtor's personal residence must be brought within two years of the foreclosure sale; establishes the procedure for determining fair market value of property; amends KRS 413.090 to conform.
Louisiana
S.B. 27
Provides for the Louisiana Home Protection Act.
S.B. 156
Provides relative to leases and residential lessee's right to notification of foreclosure action.
Maine
L.D. 125
This bill reduces the filing fee for foreclosure actions from $350, as set by administrative order, to $150. It prohibits a fee for mediation from being assessed unless the defendant answers the complaint or motion for summary judgment in a foreclosure action. It makes clear that a court may enter summary judgment in a foreclosure action at any time. Under current court rules, the court must determine that certain requirements are met before entering summary judgment.
L.D. 392
This bill requires that a plaintiff seeking to foreclose on a mortgage is required, upon request of the defendant within 90 days of service of the foreclosure summons and complaint, to produce the original mortgage note, evidencing that the plaintiff has the right to foreclose. This bill requires that the plaintiff respond within 30 days to a written request for production of the original note to allow the defendant to inspect and copy or photograph the original mortgage note. The plaintiff must specify the date, time and place for production of the note. The place may be at the courthouse, in an attorney's office or in a financial institution or any other place to which the plaintiff and defendant agree. The date of production must be at least seven days after the plaintiff's written response and within 45 days of the request for production, which may be extended for good cause shown. If the plaintiff fails to produce the original note, the defendant may ask the court to dismiss the action without prejudice. The right of the defendant to request inspection of the note and any corresponding obligation of the plaintiff to produce the note for inspection terminate upon the entry of a judgment of foreclosure or other termination of the foreclosure action. The defendant may request inspection and copying only once, although a court may order otherwise for good cause shown. If the plaintiff is not in possession of the note but the Uniform Commercial Code provisions on lost, stolen or destroyed instruments apply, the plaintiff's provision of a sworn affidavit pursuant to the Maine Revised Statutes, Title 11, §3-1309 to the defendant constitutes sufficient compliance with the production requirements. This bill does not alter in any respect the elements of proof and evidentiary standards applicable in any foreclosure action. If the plaintiff claims the note is an electronic transferable record, as defined in the  Uniform Electronic Transactions Act, the plaintiff's furnishing of a sworn affidavit setting forth the proof required pursuant to Title 10, §9416, subsection 6 constitutes sufficient compliance with the production requirements. If the plaintiff claims it is not in possession of the original note in circumstances other than those to which Title 11, §3-1309 applies, the plaintiff may satisfy the production requirements by providing a sworn affidavit setting forth the basis for the assertion that it is nonetheless entitled to enforce the note.
L.D. 450
This bill provides an exception to the provision governing the unauthorized practice of law to permit a licensed real estate agent to negotiate on behalf of a property owner with a mortgage lender to prevent mortgage foreclosure.
L.D. 612
This bill requires owners of foreclosed property who vacate their homes after receiving notice of a foreclosure judgment to notify the attorney representing the mortgagee in the foreclosure and the municipal tax assessor of the municipality where the mortgaged premises are located that they have vacated the property within 30 days of vacating the mortgaged premises and to also provide their contact information. If, within six months following a foreclosure judgment, the mortgagee has not completed the foreclosure process, the bill requires the mortgagee to notify the mortgagor using the contact information provided and to notify the municipal tax assessor.
L.D. 1116
This bill provides that if the mortgagee does not prevail in a foreclosure action or if the court finds the action was not brought in good faith, then the court must order the mortgagee to pay reasonable attorney's fees and court costs to the mortgagor, unless the court determines that making such an order would be unjust. If the court determines that the order would be unjust, the court must provide an explanation of that determination.
Maryland
H.B. 125
Passed House 3/25/13
Provides that a plaintiff or holder of a certificate of sale in a foreclosure action may be reimbursed for reasonable attorney's fees up to $1,200 for specified participation in a bankruptcy proceeding or for opening an estate for specified purposes; and provides that a plaintiff or holder of a certificate of sale in a foreclosure action may be reimbursed up to $1,200 for expenses incurred for opening an estate for specified purposes.
H.B. 1008
Requires a purchaser in a foreclosure sale, within 60 days after the entry of a final and nonappealable order ratifying a sale in an action to foreclose a mortgage or deed of trust on residential property, to close on a transaction to purchase real property and record a deed transferring title, or to record, among specified land records, the final order of ratification and specified information; and defining "residential property."
H.B. 1147
Requires that a request for waiver of filing fee for foreclosure mediation form be included among the documents accompanying service of an order to docket or complaint to foreclose, under specified circumstances.
Massachusetts
H.B. 938
Relates to a moratorium on certain foreclosures of mortgages.
H.B. 947
Establishes a foreclosure mediation program within the Office of Public Collaboration at the University of Massachusetts at Boston to offer alternative to foreclosures.
H.B. 1126
Establishes an apprentice training program for the rehabilitation of foreclosed properties within the Department of Housing and Community Development.
H.B. 1161
Relates to foreclosures in the historic districts of Massachusetts.
H.B. 1516
Provides for an investigation by a special commission on the viability of a foreclosure mediation program and the establishment and implementation of said program.
H.B. 1596
Relates to occupants remaining in residences after the sale of foreclosed properties.
H.B. 1617
Requires judicial review of foreclosures on residential mortgages.
S.B. 425
Relates to alternatives to foreclosure through a mediation program.
S.B. 456
Relates to the foreclosure of residential property.
S.B. 490
Relates to foreclosed property.
S.B. 491
Provides that notwithstanding any general or special law or rule or regulation to the contrary, a creditor shall place residential properties back on the market for sale or lease within one calendar year of foreclosure. Failure to place such residential properties back on the market for sale or lease within one calendar year of foreclosure shall result in forfeiture of property to the town or city in which the residential property is located.
S.B. 492
Establishes a foreclosure mediation program.
S.B. 728
Prevents unnecessary vacancies in foreclosed homes.
S.B. 753
Amends the foreclosure statute to require judicial foreclosure.
S.B. 774
Clears titles to foreclosed properties.
Michigan
none
Minnesota
H.F. 8
Enacts the Supporting Responsible Homeowners and Stabilizing Neighborhoods Act; providing homeowner opportunities in regard to underwater mortgage loans and foreclosure relief on residential homestead property.
H.F. 21
Relates to mortgage foreclosures; requires certain calculations; requires reduction in the mortgage loan balance under certain circumstances.
H.F. 22
S.F. 1448
Provides for foreclosure forbearance for unemployed long-term homeowners.
H.F. 25
Provides foreclosed homeowners with the right to stay in the home after the redemption period ends for two weeks before the new owner moves into the property.
H.F. 26
Requires that a mortgagee shall, after the expiration of the redemption period after foreclosure of a residential mortgage, offer the property for sale to the former owner at a price no higher than the price the mortgagee could reasonably expect to obtain in an arms-length sale and include in the offer financing for purchase of the property by the former owner at the lowest interest rate then available from the lender. The offer must be available for at least 60 days. The monthly payment must not exceed the guidelines of the United States Department of Housing and Urban Development.
H.F. 27
Requires that mortgage lenders who have foreclosed on real estate within a city must deed the property to the city in which it is located when the foreclosure has been completed; permits the city to charge the lender for any costs of repair or demolition; requires the lender to pay those charges.
H.F. 28
Provides homeowners facing foreclosure with information about the current owner of the mortgagee interest in the property, the current holder of the mortgage, and the third-party servicer of the mortgage loan, if any.
H.F. 29
Requires that a mortgage lender, prior to initiating a foreclosure of a mortgage on residential property, has a duty of good faith and fair dealing to determine the net present value to the lender of the mortgage loan if it were modified in any way so as to permit the homeowner to retain the property, as compared to the net present value to the lender of foreclosure. If there is any possible loan modification that would cause the net present value to the lender of the modified loan to exceed the net present value of foreclosure, the lender has a duty to make a good-faith offer to modify the loan. In calculating the net present value of the alternatives, the lender shall use the same discount rate in both calculations. The lender shall provide the calculations to the borrower prior to commencing foreclosure and retain its calculations and analysis of the possible modifications, and records of the lender's communications with the borrower about those calculations and analysis, for at least six years.
H.F. 35
Relates to real estate; regulates underwater mortgage loans; provides an opportunity to refinance; requires transparency in loan modification criteria.
H.F. 49
Provides that future mortgage foreclosures by advertisement will not be effective; provides that a deficiency judgment will no longer be available on foreclosures of homestead property by action or advertisement.
H.F. 51
Regulates lender sale of a foreclosed property to a person who has an unremedied local housing code violation.
H.F. 83
S.F. 70
Relates to mortgage foreclosure. Requires notice of rights of military service members. Requires the lender to provide a single point of contact; prohibits a mortgage lender from beginning or continuing a foreclosure proceeding while considering a request by a borrower for a mortgage modification. Requires that the mortgage lender participate in and pay for mediation if the borrower requests mediation.
H.F. 85
S.F. 182
Allows a stay of mortgage foreclosure proceedings under certain conditions; landlord and tenant; provides rights to tenants of foreclosed property.
H.F. 129
S.F. 294
Regulates mortgage foreclosures; clarifies the definition of a foreclosure consultant.
H.F. 317
Provides a grant for funding for mortgage foreclosure counseling.
H.F. 829
S.F. 967
Relates to housing, landlord and tenants. Changes motion requirements related to eviction expungements. Changes penalty and filing requirements for wrongful entry by a landlord; changes notice requirements after conveyance of real property. Creates new emergency tenant remedies actions. Repeals requirements for section 8 eviction actions in foreclosed residential properties.
Mississippi
H.B. 11
Died in committee 2/5/13
Establishes procedures for the foreclosure of mortgages by advertisement under which a borrower must be given an opportunity to meet with a lender regarding modification of a mortgage loan on a principal residence before foreclosure proceedings may be begun. Prohibits a party from beginning foreclosure proceedings by advertisement if the prescribed procedures have not been followed or the applicable time limits have not expired, or if the parties have agreed to modify the loan and the borrower is not in default; requires a foreclosing party, before proceeding with a foreclosure sale by advertisement, to mail to the borrower a written notice containing specified information, including the name of a designated contact person who will have the authority to make modification agreements and a list of approved housing counselors. Allows the borrower to bring an action to enjoin the foreclosure if the required notice was not served. Requires the borrower to contact a housing counselor if he or she wishes to work out a modification, and requires the counselor to schedule a meeting with the designated contact person. Provides that foreclosure proceedings may not be begun until 90 days after the notice was sent, if the borrower requests a meeting; to require the borrower, the designated person, or the housing counselor to calculate a modified payment if the meeting does not result in an agreement. Requires the Mississippi Home Corporation to prepare a list of approved housing counselors.
H.F. 79
Died in committee 2/5/13
Creates the Mississippi Foreclosure Rescue Business Act. Defines certain terms and prohibits certain acts. Requires written agreements regarding foreclosure-related rescue services. Requires written agreements regarding foreclosure-related transactions. Provides a rebuttable presumption regarding foreclosure-related transactions. Provides penalties for violations of this act.
H.B. 122
Died in committee 2/5/13
Establishes the Homeowner's Emergency Mortgage Assistance Program, which shall be administered by the Mississippi Home Corporation. Authorizes the corporation to make loans to Mississippi residents who are eligible under the act; provides that before a mortgagee may accelerate the maturity of a mortgage obligation covered under the act or begin any mortgage foreclosure, certain notice must be given to the mortgagor and a determination must have been made on the mortgagor's application for emergency mortgage assistance payments. Provides that foreclosure actions on mortgages covered under the act shall be temporarily stayed. Specifies the requirements for giving notice to the mortgagor and the requirements for eligibility for assistance with respect to a mortgage under the act. Provides that the corporation shall pay to a mortgagee the full amount due under the terms of a mortgage of a mortgagor who is eligible for assistance under the act. Provides that the corporation shall enter into agreements with mortgagors who receive assistance under the act for the repayment of that assistance. Requires all mortgagors who receive assistance under the act to receive consumer credit counseling. Creates the Homeowner's Emergency Mortgage Assistance Fund in the state treasury.
H.B. 687
Died in committee 2/5/13
Creates the Mississippi Residential Mortgage Foreclosure Mediation Program, which will provide for mediation between the borrowers and lenders before foreclosure actions on homestead property are begun; to provide the procedures to be followed in the program.
H.B. 1304
Died in committee 2/5/13
Amends §89-1-55 to require notice of foreclosure on residential real estate to last known insurer.
S.B. 2493
Died in committee 2/5/13
Prohibits foreclosure on residential property unless the mortgagee or holder of the mortgage gives the mortgagor 90 days' written notice. Prescribes the contents of the notice to foreclose. Requires the mortgagee to notify the commissioner of Banking and Consumer Finance of the date of the foreclosure sale, the purchase price obtained at the sale, and a copy of the notice to foreclose. Requires the commissioner of Banking and Consumer Finance to maintain a database of certain foreclosure activity information.
Missouri
H.B. 267
This bill requires that after the publication of a notice of foreclosure or a notice of tax sale on any joint tenant, tenant in common, co-owner, or person having an undivided joint, common, or co-interest or title in any lands, buildings, real estate, or real property who fail or refuse to contribute his or her pro-rata share toward the payment of delinquent real estate taxes or mortgage payments in order to cure a default and to avoid a sale in foreclosure or for delinquent taxes. The person must be divested of his or her rights, title, and interest in the property or his or her share of rights, title, and interest in the property. The party paying the delinquent taxes or mortgage notes that results in the cancellation of the notice of tax or foreclosure sale will be vested in the property and may file an action in the circuit court to declare the defaulting party divested and the paying party vested of the defaulting party's rights, title, and interest in the property.
H.B. 800
This bill changes the laws regarding real estate foreclosure. In its main provisions, the bill: (1) Allows an owner-occupant facing non-judicial foreclosure under a power of sale to elect to participate in dispute resolution or convert to judicial foreclosure; (2) Requires the foreclosing mortgagee to provide a defaulted debtor with a written notice of default and intention to foreclose that details the debtor's right to elect to participate in dispute resolution or convert to judicial foreclosure; (3) Requires the Division of Finance within the Department of Insurance, Financial Institutions and Professional Registration to establish a foreclosure dispute resolution program to provide a debtor facing foreclosure an opportunity to negotiate an agreement to avoid foreclosure or mitigating damages in cases when foreclosure is unavoidable. If a debtor elects to participate in the program, the division will open a dispute resolution case, assign a neutral party to oversee it, and submit a report detailing the outcome. All foreclosures are stayed during the process but can resume if the parties fail to reach an agreement. A fine of up to $1,500 may be imposed on either party for unjustified noncompliance as determined by the neutral party; (4) Allows a debtor to convert a non-judicial foreclosure to a judicial foreclosure by filing a petition evidencing his or her intent to do so with the circuit court where the property is situated; and (5) Specifies prohibited foreclosure practices including holding a flawed public sale, delaying delivery of records, and completing non-judicial foreclosure during short sale escrows or during loan modification negotiations. Any foreclosing mortgagee violating the provisions of the bill will be deemed to have committed an unlawful merchandising practice under Section 407.020, RSMo.
H.B. 882
Changes the notice requirement to a tenant in a foreclosure action from 10 business days to 90 days.
H.B. 883
Repeals the provisions regarding non-judicial foreclosure proceedings and requires all foreclosure proceedings to be handled judicially beginning August 28, 2013.
S.B. 151
This act changes the notice requirement to a tenant in a foreclosure action from 10 business days to 90 days.
S.B. 336
This act allows owner-occupants facing non-judicial foreclosure under a power of sale to elect to participate in dispute resolution or convert to judicial foreclosure. Requires foreclosing parties to provide defaulted debtors with a notice of default and intention to foreclose that details the debtor's right to elect to participate in dispute resolution or convert to judicial foreclosure. Requires the Division of Finance to establish a foreclosure dispute resolution program to provide debtors facing foreclosure an opportunity to negotiate with the foreclosing party to agree to avoid foreclosure. If a debtor elects to participate in the program, the division shall open a dispute resolution case and assign a neutral party to oversee the case and subsequently submit reports detailing the outcome of the case. All foreclosures are stayed during the process but may resume if the parties negotiate in good faith after complying with the rules of the process and fail to reach an agreement. A fine of not more than $1,500 may be imposed on either party for unjustified noncompliance as determined by the neutral party. Debtors may convert a non-judicial to a judicial foreclosure by filing a petition evidencing their intent to do so, with the circuit court where the property is situated. Unlawful foreclosure practices are established including holding a flawed public sales, delaying delivery of records, completing nonjudicial foreclosure during short sale escrows or during loan modification negotiations. A party that violates any of the new requirements set forth in the act are deemed to have committed an unlawful merchandising practice under Chapter 407.
S.B. 425
This act allows owner-occupants facing non-judicial foreclosure under a power of sale to elect to participate in dispute resolution or convert to judicial foreclosure. Requires foreclosing parties to provide defaulted debtors with a notice of default and intention to foreclose that details the debtor's right to elect to participate in dispute resolution or convert to judicial foreclosure. Requires the Division of Finance to establish a foreclosure dispute resolution program to provide debtors facing foreclosure an opportunity to negotiate with the foreclosing party to agree to avoid foreclosure. If a debtor elects to participate in the program, the division shall open a dispute resolution case and assign a neutral party to oversee the case and subsequently submit reports detailing the outcome of the case. All foreclosures are stayed during the process but may resume if the parties negotiate in good faith after complying with the rules of the process and fail to reach an agreement. A fine of not more than $1,500 may be imposed on either party for unjustified noncompliance as determined by the neutral party. Debtors may convert a non-judicial to a judicial foreclosure by filing a petition evidencing their intent to do so, with the circuit court where the property is situated. Unlawful foreclosure practices are established including holding a flawed public sales, delaying delivery of records, completing non-judicial foreclosure during short sale escrows or during loan modification negotiations. A party that violates any of the new requirements set forth in the act are deemed to have committed an unlawful merchandising practice under Chapter 407.
Montana
none
Nebraska
none
Nevada
A.B. 273
Revises provisions relating to the Foreclosure Mediation Program.
S.B. 160
Revises provisions governing the award of a deficiency judgment after the foreclosure of a mortgage or deed of trust on certain residential property.
S.B. 278
Establishes an expedited process for the foreclosure of abandoned residential property.
S.B. 424
This bill provides that if a banking or other financial institution forecloses on real property, purchases that real property at the foreclosure sale or trustee’s sale and intends to accept an offer to sell the real property for an amount less than the amount of the indebtedness, the banking or other financial institution must afford the debtor a right of first refusal if: (1) the real property is a single-family dwelling and the debtor was the owner of the real property; (2) the debtor used the loan to purchase the real property; and (3) the debtor occupied the real property continuously after obtaining the loan.
S.B. 491
Revises provisions governing the affidavit of authority to exercise the power of sale under a deed of trust and revises provisions governing real property sold pursuant to the exercise of the power of sale under a deed of trust.
New Hampshire
H.B. 301
Passed House 2/13/13
This bill amends the content of the notice of sale required to initiate foreclosure proceedings.
New Jersey
A.B. 172
S.B. 1740
Passed Senate 11/29/12
Allows municipalities to require mortgage lenders to maintain vacant residential properties during foreclosure.
A.B. 1124
Requires landlord to permit tenant to remain in foreclosed property in certain circumstances.
A.B. 1435
Creates Foreclosure Prevention and Neighborhood Stabilization Revolving Trust Fund; places temporary surcharge on mortgage foreclosure complaints.
A.B. 1746
Mandates education program for “at risk” mortgage borrowers as condition for residential purchase or refinance.
A.B. 3072
S.B. 115
Passed Senate 5/31/12
Creates a cause of action for failure to maintain certain vacant properties; requires out-of-state creditors to designate in-state representative.
A.B. 3075
Codifies the Judiciary's Foreclosure Mediation Program; appropriates $2,500,000 for the program.
A.B. 3372
Substituted 12/3/12
S.B. 2202
Conditional veto 1/28/13
Requires the New Jersey Housing and Mortgage Finance Agency to expand participation in the New Jersey HomeKeeper Program.
A.B. 3396
Passed Assembly 12/3/12
Codifies the Judiciary's Foreclosure Mediation Program; dedicates monies from foreclosure filing fees and fines.
A.B. 3497
Revises residential property mortgage foreclosure process; requires documentation of right to foreclose and consultation on foreclosure alternatives; provides expedited process for foreclosing abandoned properties.
A.B. 3552
S.B. 2408
Enacts the “New Jersey Disaster Victims’ Bill of Rights”; authorizes $500 million emergency State bonds and appropriates money for municipal property tax relief program.
A.B. 3780
Requires use of short sale data under certain circumstances to assess real property and determine assessment ratios.
A.C.R. 145
S.C.R. 113
Passed Senate 12/20/12
Memorializes Congress and the President to authorize and encourage lenders to permit homeowners to remain in their homes as renters during and after foreclosure.
S.B. 665
Requires owner of foreclosed property to provide relocation assistance to tenant displaced by termination of illegal occupancy.
S.B. 1233
Withdrawn from further consideration 5/3/12
Requires certain owners of foreclosed property to file contact information with municipality and common interest community.
S.B. 1343
This bill requires the New Jersey Department of Community Affairs (DCA) to establish, maintain, and regularly update a website that will provide homeowners and other interested parties with answers to frequently asked questions about refinancing and curing mortgage defaults and list, describe, and provide a website link to various federal, state, local, for-profit, and non-profit organizations that provide services or guidance related to mortgage and credit problems.
S.B. 1344
Provides that deed restrictions on affordable housing units are not extinguished by foreclosure proceedings.
S.B. 1746
Provides foreclosure forbearance for certain residential borrowers and exempts certain lenders that offer sustainable mortgage modifications.
New Mexico
H.B. 88
Passed House 2/13/13
Enacts the Foreclosure Fairness Act; allows recovery of attorney fees for the prevailing defendant in a foreclosure action.
H.B. 420
Amends the Home Loan Protection Act; clarifies that the Home Loan Protection Act does not affect foreclosure processes pursuant to the Deed of Trust Act.
H.B. 502
Makes an appropriation for home mortgage foreclosure counseling in the Southwest and Westgate neighborhoods of Albuquerque.
S.B. 1
Enacts the Mortgage Fair Foreclosure Act. Requires written notice prior to foreclosure. Requires an accounting. Provides opportunity for mitigation of loss; provides for sanctions.
S.B. 173
Signed by governor 3/29/13, Chapter 69
Ccreates the state financial regulation fund. Provides for deposit of money distributed to the state by consent judgment entered in mortgage lender litigation; makes an appropriation.
New York
A.B. 88
S.B. 3655
Requires plaintiffs in mortgage foreclosure actions to provide contact information.
A.B. 162
S.B. 315
Requires lenders, assignees and mortgage loan servicers to submit an affidavit to the court at least 30 days before commencing foreclosure proceedings.
A.B. 824
S.B. 4277
Requires a plaintiff in a mortgage foreclosure action to maintain the subject property in good faith.
A.B. 1000
Provides that only the owner and holder of a mortgage and note, or its agent, shall have standing to commence a mortgage foreclosure action. Lack of standing shall be defense that may be raised at any time prior to the judgment of foreclosure and sale.Requires the plaintiff in a foreclosure action to affirm that the plaintiff is the holder and owner, or its designed agent, of the subject mortgage and note; provides that the summons and complaint shall include a copy of the original mortgage and note, and all endorsements, assignments and transfers thereof, and any delegations of authority by the owner and holder of the mortgage and note.
A.B. 1582
S.B. 3479
Prevents referees from being held liable for interest or penalties on transfer taxes to be paid on deeds filed in their capacity as referee pursuant to a judgment of foreclosure and sale.
A.B. 2041
Establishes certain proof and settlement requirements for plaintiffs seeking summary judgment or a default judgment in a residential foreclosure proceeding; provides that only the owner and holder of a mortgage and note, or its agent, shall have standing to commence a mortgage foreclosure action; lack of standing shall be defense that may be raised at any time. Requires the plaintiff in a foreclosure action to affirm that it is the holder and owner, or its delegated agent, of the subject mortgage and note. The summons and complaint shall include a copy of the original mortgage and note, and all endorsements, assignments and transfers thereof, and any delegations of authority by the owner and holder of the mortgage and note.
A.B. 2779
S.B. 1478
Relates to presumption of dismissal of residential mortgage foreclosure actions for repeated plaintiff non-appearance or failure to meet readiness deadlines.
A.B. 2863
Allows right of redemption in foreclosure action brought against mortgagor's residence; provides such right must be exercised within one year of entering of judgment.
A.B. 3553
S.B. 2980
Provides that records of eviction proceeding shall be sealed when the leased property was foreclosed upon. Prohibits use and disclosure of any such information relating to a tenant; imposes fine of between $1,000 and $2,000 for violations thereof.
A.B. 3892
Enacts the "Foreclosure Prevention Act of 2013." Establishes that before any mortgagee may accelerate the maturity of any eligible mortgage obligation, commence any legal action including mortgage foreclosure, or take possession of any security of the mortgage debtor for such mortgage obligation that such mortgagee shall give the mortgagor notice; authorizes the commissioner of the state division of housing and community renewal to enter into contracts with neighborhood preservation companies to provide temporary homeownership assistance activities. Gives notice to mortgagors of foreclosure prevention activities and payments. Creates the New York state foreclosure prevention fund.
A.B. 4193
S.B. 1723
Provides for free legal representation in certain mortgage foreclosure actions where the homeowner is financially unable to obtain counsel; requires notice of such availability.
A.B. 4860
S.B. 2370
Authorizes municipalities to impose a tax lien upon foreclosed real property for unpaid building code and zoning violation fines and expenses.
A.B. 5009
S.B. 3818
Requires the provision of notice to mortgagors in default for 30 days or more regarding assistance and the necessity of maintaining their residences.
A.B. 5275
S.B. 2958
Establishes a one-year moratorium on actions to foreclose a mortgage.
A.B. 5582
Provides for the filing of a certificate of merit in any residential foreclosure action involving a home loan in which the defendant is a resident of the property subject to the foreclosure.
S.B. 347
Provides that the judgment of sale in a mortgage foreclosure action shall direct that in the event such premises is purchased collectively by more than one individual, the names of each individual purchaser shall be disclosed in writing to the sheriff of the county or referee conducting the sale.
S.B. 348
Provides that the judgment of sale in a mortgage foreclosure action shall direct that payment by the purchaser be made by means of a bank or credit union officer's check or certified check.
S.B. 526
Establishes the rural homeowners assistance program for assisting first time, low or moderate income, or minority homeowners from foreclosure by authorizing and directing the commissioner of state division of housing and community renewal to enter into contracts with neighborhood preservation companies to provide such assistance to residents in certain rural communities. Appropriates $1 million for such purposes.
S.B. 2969
Grants tenants relocation costs from the proceeds of a foreclosure sale.
S.B. 3491
Creates the crimes of residential mortgage foreclosure fraud in the first and second degrees.
S.B. 3534
Relates to a plaintiff in a mortgage foreclosure action obtaining a judgment of foreclosure and sale in good faith.
S.B. 3838
Relates to permitting foreclosure of real property improved by a non-residential building or certain multi-family buildings by the power of sale. Establishes an effective non-judicial proceeding for uncontested commercial mortgage foreclosure.
S.B. 4055
Requires a plaintiff in a mortgage foreclosure action to maintain the subject property in good faith.
North Carolina
H.B. 293
Amends the Secure and Fair Enforcement Mortgage Licensing Act to reduce regulatory burdens, makes clarifying and technical changes, and modifies certain foreclosure proceedings.
H.B. 407
Authorizes clerks of superior court to determine the reasonableness of counsel fees paid to an attorney serving as a trustee in a power of sale foreclosure proceeding.
S.B. 54
Requires that in case of foreclosure of a deed of trust or mortgage the commissioner or trustee authorized to sell the property shall record a notice of foreclosure in the Office of the Register of Deeds within 60 days after filing the final report on the sale of the property.
S.B. 467
Establishes a foreclosure mediation program.
North Dakota
none
C. Northern Mariana Islands not available
Ohio
none
Oklahoma
S.B. 389
Relates to cities and towns; relates to cleaning and mowing of property; modifies certain definition; modifies exemption for certain property.
Oregon
H.B. 2399
Requires each transfer, assignment or other conveyance of beneficial ownership or beneficial interest in note or other instrument that is evidence of obligation grantor owes and that is secured by trust deed on residential property to be recorded with county clerk within 15 calendar days in order for trustee to foreclose trust deed by advertisement and sale. Requires person that seeks to record transfer, assignment, conveyance or reconveyance of trust deed to inspect and correct mortgage record and to pay county clerk certain amount for each correction. Requires the notice of sale in a trust deed foreclosure to include certain documentation.
H.B. 2400
Removes exemption for certain beneficiaries from requirement to enter into mediation with grantor before initiating foreclosure of residential trust deed by advertisement and sale. Removes exemption for certain beneficiaries from requirement for beneficiary to pay $100 fee to county clerk when recording notice of default. Requires beneficiary or beneficiary's agent to enter into mediation with grantor in good faith.
H.B. 2568
Passed House 3/20/13
Provides that in amended notice of sale following release from stay on foreclosure proceedings, trustee must describe only defaults that existed on date stay was terminated if portion of defaults specified in original notice of sale was cured during stay or if additional defaults have occurred during stay.
H.B. 2662
Prohibits owner of foreclosed residential real property from neglecting foreclosed residential real property during period of vacancy. Permits local government to assess civil penalty for each day during which owner fails to remedy conditions of neglect.
H.B. 2935
Requires person that brings suit to foreclose residential trust deed to enter into mediation with grantor before bringing suit. Provides exceptions. Requires person to serve on or mail to grantor notice of mediation at least 120 days before bringing suit to foreclose residential trust deed.
H.B. 3389
Requires beneficiary under residential trust deed to request resolution conference with grantor for purposes of negotiating foreclosure avoidance measure, unless beneficiary is eligible to claim exemption from requirement. Specifies manner in which beneficiary must request resolution conference. Permits grantor to request resolution conference under certain circumstances. Specifies documents that beneficiary and grantor must provide and specifies procedure for and duties of beneficiary and grantor with respect to resolution conference. Requires beneficiary to obtain certificate of compliance after resolution conference in order to foreclose residential trust deed. Specifies conditions under which beneficiary may obtain certificate of compliance. Changes name of Foreclosure Avoidance Mediation Fund to Foreclosure Avoidance Fund and continuously appropriates moneys in fund to Attorney General for purposes of paying service provider to coordinate program to implement provisions of Act and paying related expenses. Requires beneficiary to send notice to grantor if beneficiary determines that grantor is not eligible for foreclosure avoidance measure or has not complied with terms of foreclosure avoidance measure.
S.B. 367
Requires person that brings suit to foreclose residential trust deed to enter into mediation with grantor before bringing suit. Provides exceptions. Requires person to serve on or mail to grantor notice of mediation at least 120 days before bringing suit to foreclose residential trust deed.
S.B. 374
Requires person that brings suit to foreclose residential trust deed to enter into mediation with grantor before bringing suit. Provides exceptions. Requires person to serve on or mail to grantor notice of mediation at least 120 days before bringing suit to foreclose residential trust deed.
S.B. 558
Requires beneficiary under residential trust deed to request resolution conference with grantor for purposes of negotiating foreclosure avoidance measure, unless beneficiary is eligible to claim exemption from requirement. Specifies manner in which beneficiary must request resolution conference. Permits grantor to request resolution conference under certain circumstances. Specifies documents that beneficiary and grantor must provide and specifies procedure for and duties of beneficiary and grantor with respect to resolution conference. Requires beneficiary to obtain certificate of compliance after resolution conference in order to foreclose residential trust deed. Specifies conditions under which beneficiary may obtain certificate of compliance. Changes name of Foreclosure Avoidance Mediation Fund to Foreclosure Avoidance Fund and continuously appropriates moneys in fund to attorney general for purposes of paying service provider to coordinate program to implement provisions of Act and paying related expenses. Requires beneficiary to send notice to grantor if beneficiary determines that grantor is not eligible for foreclosure avoidance measure or has not complied with terms of foreclosure avoidance measure.
S.B. 804
Requires grantor that seeks mediation with trustee before foreclosure proceedings to provide mediation service provider with certain documents. Makes it beneficiary's duty to provide certain documents and to appear at mediation contingent on grantor's providing documents. Specifies when grantor is at risk of default and would be eligible to seek mediation with beneficiary. Specifies form of notice of determination that beneficiary must send to grantor if beneficiary determines that grantor is not eligible for foreclosure avoidance measure or if grantor fails to comply with foreclosure avoidance measure. Revises definition of ‘beneficiary.’ Modifies requirements for trustee to foreclose a trust deed by advertisement and sale. Modifies requirements for providing notice of sale. Modifies notice requirements for postponing trustee's sale. Declares recorded trustee's deed prima facie evidence that all assignments required to be recorded are recorded. Declares instrument executed by beneficiary prima facie evidence that beneficiary is authorized to execute instrument.
Pennsylvania
H.B. 853
Provides for foreclosed property maintenance and imposes penalties.
H.R. 118
Directs the Legislative Budget and Finance Committee to examine the causal factors of home foreclosure in this Commonwealth and make recommendations on best practices for mitigating foreclosure.
Puerto Rico
H.B. 217
Sets the insurance program for mortgage loans for families who have faced foreclosure on primary residence, assigned to the Authority for Housing Finance, in order to create alternative mortgages for families or individuals who have suffered foreclosure on your principal residence during the calendar years 2006, 2007, 2008, 2009 and 2010; appropriates funds.
H.B. 909
Amends Law 247 of 2010 known as the Act to Regulate the Business of Mortgage Loans in order to impose the requirement of mortgage institutions to acquire real property involuntarily, through its foreclosure, the responsibility to maintain it in good condition in order to prevent the abandonment of property that is repossessed or becomes a problem of looming public health, or that it be used for illegal purposes, and in the case that it affects the valuation of other adjacent properties and/or the like.
Rhode Island
H.B. 5103
This act provides a tenant of a foreclosed property greater protection against eviction.
H.B. 5182
This bill adds a daily statewide newspaper to the publications that may be used for notice in mortgage defaults.
H.B. 5332
This act prohibits a foreclosing owner from evicting a tenant at sufferance except for just cause or a purchase and sale agreement for the foreclosed has been executed.
H.B. 5335
This act requires a mortgagee to participate in good faith in a conciliation conference prior to initiating foreclosure proceedings. This act would apply only to individual consumer mortgages on any owner-occupied, one to four unit residential property.
H.B. 5719
This act requires a mortgagee to make arrangement to keep a foreclosed property from becoming vacant. This act also provides for monetary penalties.
H.B. 5896
This act requires mortgagees and grantees of foreclosed property to pay all applicable fines and penalties assessed by a municipality on or before the date a foreclosure deed is recorded. This act also allows a municipality to recover the costs of rehabilitation incurred by or on behalf of the municipality to rehabilitate a foreclosed property.
S.B. 362
This act provides a former owner of a foreclosed property greater protection against eviction.
S.B. 412
This act provides a tenant of a foreclosed property greater protection against eviction.
S.B. 416
This act requires a mortgagee to participate in good faith in a conciliation conference prior to initiating foreclosure proceedings. This act applies only to individual consumer mortgages on any owner-occupied, one to four unit residential property.
S.B. 547
This act provides that all transfers of a mortgage interest on residential property be recorded so as to provide a clean chain of title for consumers to track the owner of their mortgage loans, and will render moot the question of standing of a nominee in foreclosure actions by discontinuing the practice of recording mortgages in the name of a party other than the holder of the note secured by the mortgage. This act also requires mortgage assignments be recorded within a certain time or render the mortgage void, but not nullify the underlying indebtedness.
South Carolina
H.J.R. 3294
Provides for a six-month moratorium on the foreclosure of, and on the accrual of interest on, certain mortgages secured by residential real estate located in South Carolina.
South Dakota
none
Tennessee
none
Texas
H.B. 584
Relates to the posting of a notice of foreclosure sale on a county’s Internet website.
H.B. 2749
Relates to promulgation by the Supreme Court of standard forms for use in certain expedited foreclosure proceedings.
H.B. 3181
Relates to prohibiting the non-judicial foreclosure of a loan for the purchase of certain residential property during a loan modification process; provides a penalty.
H.B. 3691
S.B. 1202
Relates to an order to conduct mediation following an application for expedited judicial foreclosure proceedings.
Utah
S.B. 143
Enacting clause struck 3/14/13
This bill amends the requirements related to communications with a default trustor and the foreclosure of trust deeds. This bill: defines terms; amends the qualifications and obligations of a single point of contact; limits the requirements described in this bill to beneficiaries that are also financial institutions; clarifies where a beneficiary or servicer must send notices under this section; and makes technical changes.
S.B. 274
Enacting clause struck 3/14/13
This bill: defines terms; and requires the beneficiary of a trust deed that is secured by real property that is subject to an association of unit owners under Title 57, Chapter 8, Condominium Ownership Act, or an association under Title 57, Chapter 8a, Community Association Act, to pay the unit's share of certain common costs to the association after the trustee files a notice of default.
Vermont
H.B. 431
Passed House 3/20/13
Relates to mediation in foreclosure actions.
Virginia
H.B. 2005
Renames the Virginia Housing Partnership Revolving Fund to the Virginia Housing Trust Fund and codifies language in the latest appropriation act in which $7 million was appropriated to the Fund. The bill provides that the Department of Housing and Community Development shall (i) work in collaboration with the Virginia Housing Development Authority (HDA) to provide loan origination and servicing activities as needed to carry out the purposes of the Fund, with the costs of such services to be considered an eligible use of the Fund, and (ii) use, through HDA, at least 80 percent of the moneys from the Fund to provide flexible financing for low-interest loans through eligible organizations. Such loans shall be structured to maximize leveraging opportunities. All such funds shall be repaid to the credit of the Fund. Loans may be provided for (a) affordable rental housing to include new construction, rehabilitation, repair, or acquisition of housing to assist low or moderate income citizens, including land and land improvements; (b) down payment and closing cost assistance for homebuyers; and (c) short-term, medium-term, and long-term loans to reduce the cost of homeownership and rental housing. The bill also allows the Department to use up to 20 percent of the money from the Fund to provide grants through eligible organizations for targeted efforts to reduce homelessness, including (1) temporary rental assistance, not to exceed one year; (2) housing stabilization services in permanent supportive housing for homeless individuals and homeless families; (3) mortgage foreclosure counseling targeted at localities with the highest incidence of foreclosure activity; and (4) predevelopment assistance for permanent supportive housing and other long-term housing options for the homeless. The bill contains technical amendments.
H.B. 2336
Provides that any person who knowingly makes, uses, or causes to be made or used a false or fraudulent record, document, or statement in support of any foreclosure shall be liable to the injured party. Upon proof of both a violation and damages, the injured party shall be entitled to appropriate equitable relief and compensatory damages. If compensatory damages are awarded, an injured party may also be awarded punitive damages. A person violating the provisions of this bill shall be liable for reasonable attorney fees and costs of a civil action.
S.B. 734
Passed Senate 1/31/13
Provides that any person who knowingly makes, uses, or causes to be made or used a false or fraudulent record, document, or statement in support of any foreclosure shall be liable to the injured party. Upon proof of both a violation and damages, the injured party shall be entitled to appropriate equitable relief and compensatory damages. If compensatory damages are awarded, an injured party may also be awarded punitive damages. A person violating the provisions of this bill shall be liable for reasonable attorney fees and costs of a civil action.
Virgin Islands not available
Washington
S.B. 5062
Clarifies the law to provide additional tools to courts, law enforcement, and communities to deal with the threat that squatters pose on foreclosed property. Provides that a person is guilty of criminal trespass of a dwelling in foreclosure if he or she knowingly enters or remains unlawfully in a dwelling in which an action is currently pending for foreclosure or has been recently filed on the dwelling and which has been vacated by the owner of record.
S.B. 5840
Requires a person engaging in the business of a trustee to possess a valid registration issued by the director of the Department of Financial Institutions.
West Virginia
none
Wisconsin
none
Wyoming
none

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