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Foreclosures 2013 Legislation

Foreclosures 2013 Legislation

Foreclosure signUpdated July 22, 2014

(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 44 states, the District of Columbia and Puerto Rico 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.


 

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STATES
BILL SUMMARY
Alabama

H.B. 501

This bill provides that a lender may not seek to recover any difference between the amount obtained by the sale and the amount of the indebtedness and any interest, costs, and expenses on mortgaged real property if the property consists of two and one-half acres or less and is limited to, and utilized for, either a single one-family or a single two-family dwelling. This bill would be applicable only to mortgages executed after Dec. 31, 2013.
Alabama

S.B. 38

Signed by governor 5/16/13, Act 249

Amends §§24-9-4, 24-9-5, 24-9-6, 24-9-7, 24-9-8, and 40-10-132 of the Code of Alabama 1975, relating to the Alabama Land Bank Authority; expands the definition of the term "agreement" to include an agreement between an authority and a local authority; defines the term "local  authority" as an authority created by a county or municipality for the purpose of transferring property to the land bank authority; allows the land bank authority to institute a foreclosure action; to acquire title to property by purchase, donation, exchange, or otherwise provide the procedure to institute a foreclosure action; 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; provides the procedure for conveyance or disposition of properties or the rights or interests of properties held by the land bank authority; and adds a new §24-9-10 to Chapter 9, Title 24 of the Code of Alabama 1975, provides for the creation of local land bank authorities.
Alaska none
Arizona

H.B. 2033

Signed by governor 4/5/13, Chapter 50

Requires a beneficiary of a foreclosed trustee’s deed to complete and submit to the county recorder a declaration of additional funds if the beneficiary receives payment based on private mortgage insurance in addition to the proceeds of a sale.
Arizona

H.B. 2154

Signed by governor 4/17/13, Chapter 118

Appropriates, in FY 2012-13, the remaining monies received pursuant to the National Mortgage Settlement to the Department of Law.
Arizona

H.B. 2193

Relates to foreclosed properties; relates to homeowners' associations; relates to maintenance.
Arizona

H.B. 2281

Signed by governor 6/19/13, Chapter 224

Requires the owner of a property to provide the tenant with written notice if the owner receives notice of trustee’s sale or foreclosure on the property. Specifies that the owner of the property must provide the tenant with a written notice of trustee’s sale or foreclosure on the property within five business days after the receipt of the notice of trustee’s sale. Applies tenant notice requirements only to the first notice of trustee’s sale or foreclosure received by the owner after the tenant has entered into the rental agreement. Makes technical and conforming changes.
Arizona

H.B. 2624

Establishes a foreclosure mediation program.
Arizona

H.B. 2634

Relates to residential foreclosure prevention assistance, includes notice requirements, single point of contact, loan modification, and notice for tenants.
Arizona

S.B. 1141

Relates to a liability for deficiency on short sale under deed of trust; provides for liens.
Arizona

S.B. 1400

Establishes a foreclosure mediation program.
Arizona
S.B. 1401
Allows a homeowner the right to rent the foreclosed property.
Arkansas

H.B. 1844
Withdrawn 4/17/13

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.

Arkansas

H.B. 1847

Withdrawn 4/17/13

Reforms mortgage foreclosure procedures and practices; requires 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.
California

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.
California

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, as specified.
California

S.B. 30

Passed Senate 6/20/13

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 January 1, 2007, and before January 1, 2010, as provided. The federal Emergency Economic Stabilization Act of 2008 extended the operation of those provisions to debt that is discharged before January 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 January 1, 2013, and before January 1, 2014. The bill will become operative only if SB 391 is enacted and takes effect.
California

S.B. 310

Signed by governor 9/6/13, Chapter 251

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 January 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 January 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 January 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 January 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, except when it is acting as a trustee, 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.
California

S.B. 426

Signed by governor 7/11/13, Chapter 65

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. The bill also expresses the intent of the Legislature that these provisions would not impact existing law regarding the liability of a guarantor, pledgor, or other surety with respect to a deficiency, nor existing law regarding other collateral pledged to secure the obligation that is the subject of a deficiency.
California

S.B. 720

Signed by governor 9/6/13, Chapter 220

Existing law authorizes a service member to apply to the court for relief of an obligation, liability, tax, or assessment, as specified. Existing law authorizes, in the case of an obligation payable under its terms in installments under a contract for the purchase of real estate, or secured by a mortgage or other instrument, as specified, a stay of the enforcement of the obligation during the applicant’s period of military service and, from the date of termination of the period of military service or from the date of the application if made after the service, for a period equal to the period of the remaining life of the installment contract or other instrument plus a period of time equal to the period of military service of the applicant or any part of the combined period, as specified. This bill instead authorizes, in the case of an obligation payable in installments under a contract for the purchase of real estate, or secured by a mortgage or other instrument, a deferment of the payments due on the obligation for a period of time equal to the period of military service, as specified. The bill prohibits penalties from being imposed on the nonpayment of principal or interest during this period and interest from being charged or accumulated on the principal or interest on which the payment was delayed. The bill also prohibits foreclosure or repossession of property on which payment has been deferred, as specified. The bill requires mortgage payments deferred during this period to be due and payable upon the occurrence of specified conditions. The bill provides that a service member with a mortgage subject to an impound account for the payment of property taxes, special assessments, and certain insurance shall not be relieved from making monthly payments, as specified, and that a service member shall not be precluded from making payments toward mortgage payments deferred, as specified.
Colorado

H.B. 1249
Postponed indefinitely 4/11/13

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.
Connecticut H.B. 6263
Failed Joint Favorable deadline 3/14/13
Assists people facing foreclosure or mortgage loan modification.
Connecticut

H.B. 6355

Signed by governor 6/18/13, Public Act 13-136

This act makes numerous changes in the Judicial Branch's foreclosure mediation program, including: 1. identifying the program's objectives and expanding its scope to include short sales and deeds in lieu of foreclosure as options; 2. extending the program for two years, to June 30, 2014, for foreclosure actions with return dates of July 1, 2008 through June 30, 2009; 3. establishing a premediation process and requiring the delivery and exchange of specified information during this period; 4. establishing new requirements for when to end or extend the mediation period, including requiring the mediator to file a report with the court after each mediation session indicating whether the parties will benefit from further mediation; and 5. requiring the chief court administrator to submit summaries of the mediator reports to the Banks Committee by Feb. 14, 2014 and Feb. 14, 2015. The act also establishes expedited foreclosure procedures for vacant and abandoned properties.
Connecticut

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.
Connecticut

H.B. 6435

Increases revenue by eliminating the foreclosure exemption from the requirement for payment of the conveyance tax.
Connecticut

H.B. 6662

Signed by governor 6/24/13, Public Act 13-156

The Common Interest Ownership Act (CIOA) gives common interest community associations seeking to collect unpaid common charges a priority lien over previously recorded first or second security interests (e. g. , mortgages). This act makes several changes affecting this priority lien. It: 1. extends the period covered by the lien from six to nine months; 2. specifies that the lien applies in all actions the mortgage holder brings to foreclose its mortgage on the unit as well as all actions the association brings to foreclose its lien for unpaid common charges (presumably, this allows the association to invoke the priority lien more than once, if assessments continue to go unpaid — i. e. , it is an “evergreen” priority lien); 3. excludes from the lien any late fees, interest, or fines that the association assesses against the unit's owner during the nine-month period; 4. specifies that the lien includes only reasonable attorneys' fees; 5. requires an association, before bringing an action to foreclose its lien, to provide mortgage holders with (a) 60 days' notice setting forth specified information and (b) a copy of the demand for payment it must already send to the unit owner (it must provide the copy to the mortgage holder at the same time as the unit owner); and 6. excludes costs or attorneys' fees from the association's priority lien if it fails to provide the required 60 days' notice. The act specifies that CIOA's provisions concerning the priority of association liens (in regard to all other liens and encumbrances, not just mortgages) apply despite contrary provisions in the association's declaration or bylaws. It also specifies that association assessments under CIOA and related attorneys' fees and costs owed by a mortgagor (i.e., the borrower) and paid by a mortgagee, are part of the debt the mortgagor owes to the mortgagee or lienor.
Connecticut

S.B. 453

Failed Joint Favorable deadline 4/19/13

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.
Connecticut

S.B. 454

Failed Joint Favorable deadline 4/19/13

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.
Connecticut

S.B. 744

Failed Joint Favorable deadline 4/19/13

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.
Connecticut

S.B. 764

Failed Joint Favorable deadline 4/19/13

Repeals provisions concerning foreclosure by a person to whom the legal title to the mortgaged premises has not been conveyed.
Connecticut

S.B. 971

By law, in a foreclosure proceeding involving real property, the court may issue a decree of sale or a strict foreclosure. This bill adds an additional option, foreclosure by market sale, which is a court-approved sale on the open market. This bill limits this option to one-to-four family residential real property that is the mortgagor's principal residence. The bill allows any party to a foreclosure action to file a motion for a foreclosure by market sale and requires that the motion include a proposed marketing plan to be approved by the court. The property must be marketed for at least 120 days from the date of approval. The bill specifies how offers can be made and approved by the court. The bill requires the court to set a sale date at least 45 days from the date of approval of an offer. It requires that the sales proceeds be brought to court to determine the amount to which each party is entitled. It also requires the court to determine and approve the payment of certain expenses, including marketing and sales expenses. It specifies that in a foreclosure by market sale, the mortgagor must convey title to the purchaser.
Connecticut

S.B. 1059

Failed Joint Favorable deadline 4/19/13

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.
Connecticut

S.B. 1102

Failed Joint Favorable deadline 4/19/13

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

Signed by governor 5/28/13, Chapter 27

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

B20-237

Amends an act to establish a code of law for the District of Columbia to allow a lender to bring a summary action to foreclose mortgages on vacant and abandoned residential property, to establish what constitutes vacant and abandoned property, to require a lender to prove the court by clear and convincing evidence that the property is vacant and abandoned, to establish additional service and notice requirements to a mortgagor or occupant at the property, and to allow for the sale of a property 60 days after a foreclosure judgment and a determination that the property is vacant and abandoned.
District of Columbia

B20-244

Passed Congressional review 9/19/13, L20-0015

Amends, on a temporary basis, an act to establish a code of law for the District of Columbia to provide a borrower the same rights for a defective notice of default on residential mortgage as the law provides for a defective notice of intention to foreclose on a residential mortgage, to provide that a foreclosure sale of a property secured by a residential mortgage shall be void if a lender files a notice of intention to foreclose on a residential mortgage without a mediation certificate, to provide for a new definition of residential mortgage, to provide several technical changes to the text, and to amend the Foreclosure Mediation Fund provisions to allow mortgage-related or foreclosure-related settlement funds to be transferred into the fund and allow those funds to be used for specified mortgage-related or foreclosure-related matters.
District of Columbia

B20-266

Amends on an emergency basis an act to establish a code of law for the District of Columbia to provide borrowers the same rights for a defective Notice of Default on Residential Mortgage as the law provides for a defective Notice of Intention to Foreclose on a Residential Mortgage, to establish that a foreclosure sale shall be void if a tender Files a Notice of Intention to Foreclose on a Residential Mortgage without a final mediation certificate, and to remove all reference to specific fee amounts.
District of Columbia

B20-267

Amends on a temporary basis an act to establish a code of law for the District of Columbia to provide borrowers the same rights for a defective Notice of Default on Residential Mortgage as the law provides for a defective Notice of Intention to Foreclose on a Residential Mortgage, to establish that a foreclosure sale shall be void if a lender Files a Notice of Intention to Foreclose on a Residential Mortgage without a final mediation certificate, and to remove all reference to specific fee amounts.
District of Columbia

B20-268

Passed Congressional review 9/19/13, Law L20-0040

Amends an act to establish a code of law for the District of Columbia to provide borrowers the same rights for a defective notice of default on residential mortgage as the law provides for a defective notice of intention to foreclose on a residential mortgage, to establish that a foreclosure sale shall be void if a lender files a notice of intention to foreclose on a residential mortgage without a final recorded mediation certificate, to remove all reference to specific fee amounts and provide that the commissioner of the Department of Insurance, Securities, and Banking shall set all applicable fees through rulemaking, to provide that mediation shall conclude within 180 days of mailing the required forms, to clarify that the Procurement Practices Reform Act of 2010 does not apply to contracts entered into by the commissioner of the Department of Insurance, Securities, and Banking, or his or her designee, for mediation services, housing counseling services, foreclosure prevention, or remediation services provided pursuant to this act or the Attorneys' General National Mortgage Settlement Agreement, to provide that nothing in this act shall be construed to create any new administrative, judicial, or other review not otherwise available under existing laws, to further clarify the definition of “good faith” and its indicators, to provide new definitions for the terms residential mortgage, mediation services, and trustee, and to provide finality and a defined appeal period to the issuance of a mediation certificate or determination by the mediation administrator; to amend the 21st Century Financial Modernization Act of 2000 to provide that judicial review of any final order or action of the Department of Insurance, Securities, and Banking, or its successor, shall be in the Superior Court of the District of Columbia unless the District of Columbia Administrative Procedure Act applies; to amend the Title Insurance Producer Act of 2010, the Title Insurance Insurer Act of 2010, and the Producer Licensing Act of 2002 to make certain clarifying and conforming amendments; and to amend the Health Maintenance Organization Act of 1996 to repeal certain minimum net worth requirements.
District of Columbia

B20-381

Signed by mayor 7/24/13, Act A20-117

Amends on an emergency basis, due to Congressional Review, an act to establish a code of law for the District of Columbia to provide a borrower the same rights for a defective notice of default on residential mortgage as the law provides for a defective notice of intention to foreclose on a residential mortgage, to provide that a foreclosure sale of a property secured by a residential mortgage shall be void if a lender files a notice of intention to foreclose on a residential mortgage without a mediation certificate, to provide for a new definition of residential mortgage, to provide several technical changes to the text, and to amend the Foreclosure Mediation Fund provisions to allow mortgage-related or foreclosure-related settlement funds to be transferred into the fund and allow those funds to be used for specified mortgage-related or foreclosure-related matters.
District of Columbia

PR20-201

Adopted 5/7/13, R20-0133

Declares the existence of an emergency with respect to the need to amend the Saving D.C. Homes from Foreclosure Amendment Act of 2010 to provide a borrower the same rights for a defective notice of default on residential mortgage as the law provides for a defective notice of Intention to foreclose on a residential mortgage; to provide that a foreclosure sale of a property secured by a residential mortgage shall be void if a lender files a notice of intention to foreclose on a residential mortgage without a mediation certificate; to provide for a new definition of residential mortgage; to provide for several technical changes to the text; and to amend the Foreclosure Mediation Fund to allow mortgage-related or foreclosure-related settlement funds to be transferred into the fund and allow those funds to be used for specified mortgage-related or foreclosure-related matters.
District of Columbia

PR20-237

Relates to the Saving D.C. Homes From Foreclosure Clarification and Title Insurance Clarification Emergency Declaration Resolution of 2013.
District of Columbia

PR20-372

Adopted 7/10/13, R20-0234

Declares the existence of an emergency, due to Congressional review, with respect to the need to amend an act to establish a code of law for the District of Columbia to provide a borrower the same rights for a defective notice of default on residential mortgage as the law provides for a defective notice of intention to foreclose on a residential mortgage, to provide that a foreclosure sale of a property secured by a residential mortgage shall be void if a lender files a notice of intention to foreclose on a residential mortgage without a mediation certificate, to provide for a new definition of residential mortgage, to provide several technical changes to the text, and to amend the Foreclosure Mediation Fund provisions to allow mortgage-related or foreclosure-related settlement funds to be transferred into the fund and allow those funds to be used for specified mortgage-related or foreclosure-related matters.
Florida

H.B. 87

Signed by governor 6/7/13, Chapter 137

Revises the limitations period for commencing an action to enforce a claim of deficiency judgment after a foreclosure action; provides for applicability to actions commenced on or after specified date; provides a time limitation for commencing certain actions; provides legislative intent; specifies required contents of a complaint seeking to foreclose on certain types of residential properties with respect to authority of plaintiff to foreclose on note and location of note; authorizes sanctions against plaintiffs who fail to comply with complaint requirements; provides for non-applicability to proceedings involving timeshare interests; requires court to treat collateral attack on final judgment of foreclosure on mortgage as claim for monetary damages; prohibits such court from granting certain relief affecting title to foreclosed property; provides for construction relating to rights of certain persons to seek specified types of relief or pursue claims against foreclosed property; limits amount of deficiency judgment; revises class of persons authorized to move for expedited foreclosure to include lienholders; defines "lienholder"; provides requirements and procedures with respect to order directed to defendants to show cause why final judgment of foreclosure should not be entered.
Florida

H.B. 169

Died in committee 5/3/13

Requires certain notice to tenant renting property subject to pending foreclosure action; creates a civil cause of action for failure to provide notice; provides exception.
Florida

H.B. 371

Died in committee 5/3/13

S.B. 1226

Died in committee 5/3/13

Relates to homestead foreclosure relief; 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.
Florida

H.B. 1101

Died in committee 5/3/13

S.B. 1218

Died in committee 5/3/13

Relates to residential foreclosure proceedings; 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.
Florida

H.B. 1177

Died in committee 5/3/13

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.
Florida

H.B. 1303

Died in committee 5/3/13

S.B. 1236

Died in committee 5/3/13

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, and Speaker of House of Representatives.
Florida

H.B. 7111

Substituted 4/29/13

S.B. 1852

Signed by governor 6/4/13, Chapter 106

Appropriates funding from the National Mortgage Settlement; provides an appropriation from the General Revenue (GR) Fund to the Florida Prepaid Tuition Scholarship Program to purchase two-year dormitory residence advance payment contracts for certain students; provides an appropriation from the GR Fund to the state courts system to provide technology solutions to expedite foreclosure cases through the judicial process; provides an appropriation from the GR Fund to the Office of the Attorney General to provide legal aid services to low- and moderate-income homeowners facing foreclosure; provides an appropriation from the GR Fund to the Department of Economic Opportunity to provide a grant to Habitat for Humanity of Florida for certain purposes, etc.
Florida

S.B. 516

Died in committee 5/3/13

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.
Florida

S.B. 1228

Died in committee 5/3/13

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.
Florida

S.B. 1666

Laid on table 5/2/13

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.
Florida

S.B. 1852

Signed by governor 6/4/13, Chapter 106

Relates to funding from the National Mortgage Settlement; provides an appropriation from the General Revenue (GR) Fund to the Florida Prepaid Tuition Scholarship Program to purchase two-year dormitory residence advance payment contracts for certain students; provides an appropriation from the GR Fund to the state courts system to provide technology solutions to expedite foreclosure cases through the judicial process; provides an appropriation from the GR Fund to the Office of the Attorney General to provide legal aid services to low- and moderate-income homeowners facing foreclosure; provides an appropriation from the GR Fund to the Department of Economic Opportunity to provide a grant to Habitat for Humanity of Florida for certain purposes.
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.
Georgia 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.
Georgia

H.B. 83

Signed by governor 5/6/13, Act 197

Exempts licensed real estate brokers and salespersons assisting in a short sale real estate transaction from the mortgage broker licensing requirements.
Georgia

H.B. 160

Signed by governor 5/6/13, Act 195

Relates to mortgages, conveyances to secure debt, and liens in general, so as to revise provisions relating to vacant and foreclosed real property registries.
Georgia 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.
Georgia 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.
Georgia H.R. 75
Creates the House Study Committee on the Foreclosure Crisis.
Georgia 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.
Georgia 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.
Georgia 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.
Georgia 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.
Georgia 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.
Georgia 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.
Georgia 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

Signed by governor6/25/13, Act 196

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.
Hawaii

H.B. 25

Signed by governor 6/25/13, Act 197

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.
Hawaii 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.
Hawaii 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.
Hawaii S.B. 601
Prohibits deficiency judgment in cases of court-ordered foreclosures.
Hawaii

S.B. 960

Signed by governor 6/25/13, Act 181

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

Signed by governor 6/20/13, Public Act 98-0025

Amends the Mortgage Foreclosure Article of the Code of Civil Procedure. Provides that a section concerning homeowner protection is repealed July 1, 2016.
Illinois 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.
Illinois 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.
Illinois 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.
Illinois 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.
Illinois 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.
Illinois 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.
Illinois 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."
Illinois 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.
Illinois 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.
Illinois 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.
Illinois 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.
Illinois

S.B. 56

Signed by governor 8/21/13, Public Act 98-0514

Amends the Mortgage Foreclosure Article of the Code of Civil Procedure. Provides that a section concerning homeowner protection is repealed July 1, 2016.
Illinois

S.B. 1045

Signed by governor 12/26/13, Public Act 98-0605

Amends the Mortgage Foreclosure Article of the Code of Civil Procedure. Provides that the provisions of a subsection concerning certain mortgage foreclosure defenses become inoperative on Jan. 1, 2016 (instead of Jan. 1, 2014) for all foreclosure actions filed after Dec. 31, 2015 (instead of Dec. 31, 2013), in which the mortgagor did not apply for assistance under the Making Home Affordable Program on or before Dec. 31, 2015 (instead of Dec. 31, 2013).
Illinois S.B. 1082
Amends the Mortgage Rescue Fraud Act. Makes a technical change in a section concerning the short title.
Illinois 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.
Illinois 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.
Illinois

S.B. 1674

Signed by governor 6/11/13, Public Act 98-0020

Further amends the Illinois Housing Development Act. In provisions concerning the Foreclosure Prevention Program and the Abandoned Residential Property Municipality Relief Program provides that subject to appropriation and the annual receipt of funds (rather than subject to appropriation) that the Authority shall make grants from (i) the Foreclosure Prevention Program Fund and (ii) the Foreclosure Prevention Program Graduated Fund derived from fees paid as specified in certain provisions of the Code of Civil Procedure. Provides that (a) certain funding percentages established under the Act shall be calculated after deduction of reimbursable administrative expenses incurred by the Authority, but shall not be greater than four percent of the annual appropriated amount and (b) where the jurisdiction of an approved counseling agency is included within more than one of the specified geographic areas, the Authority may elect to fully fund the applicant from one of the relevant geographic areas. As to the Abandoned Residential Property Municipality Relief Program, provides that specified grants distributed to the municipalities and counties shall be based on (1) areas of greatest need within these counties, which shall be determined, to the extent practicable, proportionately on the amount of fees paid to the respective clerks of the courts within these counties, and (2) on any other factors that the Authority deems appropriate. Further amends the Code of Civil Procedure. Provides that until January 1, 2018 with respect to residential real estate, the plaintiff shall pay to the clerk of the court in which the foreclosure complaint is filed a fee for the Foreclosure Prevention Program Graduated Fund (rather than the Foreclosure Prevention Program Fund) and the Abandoned Residential Property Municipality Relief Fund as specified. Amends the State Finance Act by creating the Foreclosure Prevention Program Graduated Fund.
Illinois 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.
Illinois 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.
Illinois 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.
Illinois 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

Signed by governor 5/10/13, Public Law 231

Provides that the homeowner protection unit of the attorney general's office shall enforce violations of the statute concerning homeowners associations. 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. Permits 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.) With certain exceptions, requires a homeowners association to: (1) make financial records available for inspection upon written request by a member of the association; and (2) provide all communications concerning a dispute with a homeowner to that homeowner. Permits a homeowners association to charge a search fee not to exceed $35 per hour for time spent on records searches in excess of one hour. Provides that the total amount of the fee for a search may not exceed $200. Provides that the homeowners association statute does not abrogate an agreement by a homeowners association to provide additional inspection rights. 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. Provides that mortgage foreclosure counseling and education fees collected by a clerk must be deposited in the home ownership education account. Urges the legislative council to establish a study committee on the topic of homeowners associations.
Indiana 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.
Indiana

H.B. 1317

Signed by governor 4/29/13, Public Law 110

Establishes the land bank study committee, a legislative study committee to study issues relating to the creation of land banks at the municipal level as well as the county level including the following: (1) The effects that municipal land banks and reformed land banking would have on current property tax collection and enforcement and tax sales. (2) The effect the creation of municipal land banks would have on local revenues.
Indiana 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.
Indiana 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.
Indiana

S.B. 279

Signed by governor 5/7/13, Public Law 189

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.
Iowa 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. 200

Amends various sections of KRS 65.350 to 65.375 to clarify, revise and expand the authority of land banks to acquire and manage tax delinquent properties; amends KRS 99.715 to allow cities to transfer property to a land bank; amends KRS 134.010 to define "land bank authority"; creates a new section of KRS Chapter 134 to allow counties, cities, and land bank authorities to purchase certificates of delinquency prior to the public sale required by KRS 134.128; allows counties, cities, and land bank authorities to purchase certificates of delinquency held by the county clerk that were not sold; amends KRS 134.490 to require counties, cities, and land bank authorities that purchased certificates of delinquency to provide notice to the taxpayer and offer payment plans; amends KRS 134.015 to delete reference to the 11-year statute of limitations; amends KRS 134.122 and 134.125 to conform; amends KRS 134.420 and 134.546 to change the statute of limitation from 11 years to three years for taxes that become delinquent on or after Jan. 1, 2014; references expedited foreclosure established by Section 9 of the Act as a remedy; creates new sections of KRS Chapter 65 to establish an expedited foreclosure process for counties, cities, and land bank authorities that purchase certificates of delinquency.
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

Signed by governor 6/17/13, Act 339

Amends and reenacts R.S. 13:3852 and Code of Civil Procedure Articles 2293(B)(1) and 2721(B), relative to seizure and sale of property; to provide relative to notice to judgment debtors in money judgments after seizure of property; to provide for the type of service and timing of notice of seizure of property; to provide for the timing of the sheriff's sale date; to provide for notice of the possibility of a change in scheduled sale dates of seized property; to provide for the information to be included in notice of seizure of property and applicable sale dates.

S.B. 156

Signed by governor 6/17/13, Act 354

Enacts R.S. 9:3260.1, relative to leases; to provide for a residential lessee's right to notification of foreclosure action on the leased premises; to provide certain terms, conditions, requirements and procedures; to provide for the duties of the lessor, including manner and form of notice; to provide for the rights of the lessee, including termination of the lease and recovery of certain amounts.
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.
Maine 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.
Maine 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.
Maine 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.
Maine 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.
Maine

L.D. 1389

This bill: 1. Allows an employee of a financial institution or credit union who is not an attorney to appear for that institution in connection with a foreclosure action; and 2. Clarifies the standards for foreclosure mediation and allows for an expedited foreclosure of abandoned property.
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.
Maryland 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."
Maryland 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.
Massachusetts 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.
Massachusetts H.B. 1126
Establishes an apprentice training program for the rehabilitation of foreclosed properties within the Department of Housing and Community Development.
Massachusetts H.B. 1161
Relates to foreclosures in the historic districts of Massachusetts.
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.
Massachusetts H.B. 1596
Relates to occupants remaining in residences after the sale of foreclosed properties.
Massachusetts H.B. 1617
Requires judicial review of foreclosures on residential mortgages.
Massachusetts

H.B. 3394

Expedites the sale of foreclosed homes.
Massachusetts S.B. 425
Relates to alternatives to foreclosure through a mediation program.
Massachusetts S.B. 456
Relates to the foreclosure of residential property.
Massachusetts S.B. 490
Relates to foreclosed property.
Massachusetts 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.
Massachusetts S.B. 492
Establishes a foreclosure mediation program.
Massachusetts S.B. 728
Prevents unnecessary vacancies in foreclosed homes.
Massachusetts S.B. 753
Amends the foreclosure statute to require judicial foreclosure.
Massachusetts S.B. 774
Clears titles to foreclosed properties.
Massachusetts

S.B. 1323

Provides that income attributable to the discharge of debt on a principal residence including debt reduced through mortgage restructuring, as well as mortgage debt forgiven in connection with a foreclosure, shall qualify for tax relief provided that no more than $1 million of forgiven debt is eligible for this exclusion, except if married filing jointly, up to $2 million may be excluded. The exclusion shall not apply if the discharge is due to services performed for the lender or any other reason not directly related to a decline in the home’s value or the taxpayer’s financial condition.
Massachusetts

S.B. 1368

Relates to discharge of indebtedness of principal residence from gross income.
Michigan

H.B. 4764

Adopts the federal loss mitigation program in the mortgage modification program.
Michigan

H.B. 4765

Signed by governor 7/3/13, Public Act 105

Delays the sunset on the mortgage loan modification program until June 30, 2014. Also, under the bill, §§3205a to 3205d will not apply to proceedings in which the first notice was published after Jan. 9, 2014.
Michigan

H.B. 4766

Signed by governor 7/3/13, Public Act 106

Adds §3206 to establish requirements for loss mitigation procedures occurring before the foreclosure of a mortgage under Chapter 32. A person foreclosing a mortgage must meet the requirements if all of the following applied: 1) the mortgaged property was claimed as a principal residence, 2) the first notice of foreclosure sale was published after January 9, 2014, and 3) the servicing agent was a defendant (or a successor in interest) that entered into a consent judgment in U.S. v. Bank of America. Under the requirements, the foreclosing party will have to do the following: 1) designate an agent to serve as a contact; 2) authorize the contact to facilitate negotiations and attend meetings with the mortgagor; 3) provide the designated agent's contact information, and a statement that the mortgagor could request a meeting to attempt to work out a modification, in the written notice for late payment as required by 12 CFR 1024.390(b). If the mortgagor requested a meeting, foreclosure proceedings cannot be commenced unless the meeting had been held. This would not apply, however, if either 1) the mortgagor did not cooperate by scheduling a meeting convenient for all parties, or in the county where the property was located; or 2) the mortgagor failed to attend a scheduled meeting.
Michigan

H.B. 4767

Shortens period for foreclosures in which federal loss mitigation procedures have been followed.
Michigan

H.B. 4800

Requires judicial foreclosure for certain residential mortgages.
Michigan

S.B. 295

Prohibits bids on forecloses properties from certain individuals under certain circumstances and require registration.
Michigan

S.B. 380

Signed by governor 7/3/13, Public Act 103

Section 3204 of the Act prescribes conditions that a party must satisfy to begin proceedings to foreclose on a mortgaged property by advertisement. Under the residential mortgage loan modification program, the Act prohibits a party from beginning proceedings if a required notice has not been mailed to the borrower, if applicable time limits have not expired, or if the parties have agreed to modify the mortgage loan and the borrower is not in default. This provision applies only to proceedings in which the first notice of foreclosure has been published after July 5, 2009, and before June 30, 2013.  The bill changes the ending date to January 10, 2014. Also, under the bill, beginning January 10, 2014, a party that was subject to §3206 (proposed by Senate Bill 382) could not begin foreclosure by advertisement proceedings with regard to a principal residence if one or both of the following applied: That party complied with 12 CFR 1024.39 to 1024.41 (which prescribes policy and procedure requirements for mortgage servicers) if the party were subject to those Federal regulations because of §3206. The mortgagor and the appropriate person agreed to a loan modification, and the mortgagor was not in default under the modified terms.
Michigan

S.B. 381

Passed Senate 6/11/13

Originally, the loan modification program was scheduled to be repealed on January 5, 2012, and the sunset date later was delayed to June 30, 2013. The bill delays the sunset on the program until June 30, 2014.
Michigan

S.B. 382

Passed Senate 6/11/13

The bill adds §3206 to mandate that, for a proceeding in which the first notice was published after January 9, 2014, a mortgage servicer comply with 12 CFR 1024.39 to 1024.41 with respect to the mortgage. The bill states that this would apply to small servicers even as to the provisions of the Federal regulations that do not apply to small servicers.
Michigan

S.B. 383

Signed by governor 7/3/13, Public Act 104

Amends §3240. This section prescribes the statutory redemption period after foreclosed property is sold at a sheriff's sale; during this period, the delinquent borrower can pay the loan in full to redeem the property. The length of the redemption period varies depending on various circumstances from 30 days to one year, but is typically six months.
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.
Minnesota H.F. 21
Relates to mortgage foreclosures; requires certain calculations; requires reduction in the mortgage loan balance under certain circumstances.
Minnesota H.F. 22
S.F. 1448
Provides for foreclosure forbearance for unemployed long-term homeowners.
Minnesota 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.
Minnesota 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 U.S. Department of Housing and Urban Development.
Minnesota 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.
Minnesota 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.
Minnesota 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.
Minnesota H.F. 35
Relates to real estate; regulates underwater mortgage loans; provides an opportunity to refinance; requires transparency in loan modification criteria.
Minnesota 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.
Minnesota H.F. 51
Regulates lender sale of a foreclosed property to a person who has an unremedied local housing code violation.
Minnesota 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.
Minnesota 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.
Minnesota

H.F. 129

Signed by governor 4/22/13, Chapter 17

S.F. 294

Indefinitely postponed 4/11/13

Regulates mortgage foreclosures; clarifies the definition of a foreclosure consultant.
Minnesota H.F. 317
Provides a grant for funding for mortgage foreclosure counseling.
Minnesota

H.F. 829

Signed by governor 524, Chapter 100

S.F. 967

Indefinitely postponed 5/2/13

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.
Minnesota

H.F. 1377

Indefinitely postponed 5/17/13

S.F. 1276

Signed by governor 5/24/13, Chapter 115

Requires loss mitigation by mortgage lenders and servicers.
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.
Mississippi H.B. 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.
Mississippi 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.
Mississippi 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.
Mississippi 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.
Mississippi 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.
Missouri 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 §407.020, RSMo.
Missouri H.B. 882
Changes the notice requirement to a tenant in a foreclosure action from 10 business days to 90 days.
Missouri H.B. 883
Repeals the provisions regarding non-judicial foreclosure proceedings and requires all foreclosure proceedings to be handled judicially beginning Aug. 28, 2013.
Missouri S.B. 151
This act changes the notice requirement to a tenant in a foreclosure action from 10 business days to 90 days.
Missouri

S.B. 235

Signed by governor 5/17/13

Currently, the directors of the Division of Finance and the Division of Credit Unions are required to examine and determine the number and total dollar amount of residential real estate loans originated, purchased, or foreclosed and the number of residential real estate loan applications denied by financial institutions with offices in counties or cities with a population over 250,000. The directors are required to conclude whether such institutions have violated state law and report such conclusions along with information required under the Federal Home Mortgage Disclosure Act to the governor and the director of the Department of Insurance Financial Institutions and Professional Registration. This act requires that the report only include the number and type of violation, a statement of enforcement actions taken, names of institutions found to be in violation, the number and nature of complaints received, and action taken on each complaint. Currently, the division directors have the authority to conduct hearings when he or she has reason to believe there is a violation based on examination, investigation of a complaint, a report by the financial institution, or the contents of a public document. This act repeals the provision enumerating the basis for reasonable belief. The act repeals a provision requiring that certain institutions that are not regulated by a division director file a report with the Division of Finance containing the number and dollar amount of residential real estate loans originated, purchased, or foreclosed.
Missouri 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.
Missouri 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

L.B. 97

Signed by governor 6/4/13

Relates to land banks; amends §§77-1759, 77-1807, 77-1809, 77-1810, 77-3211, and 77-3213, Reissue Revised Statutes of Nebraska, and §§77-1736.06, 77-1915, 77-1916, and 77-2704.15, Revised Statutes Cumulative Supplement, 2012; adopts the Nebraska Municipal Land Bank Act; changes provisions relating to property tax refunds, payment of taxes, and collection of delinquent real property taxes; exempts purchases from sales and use taxes as prescribed; provides for transfers of real property from land reutilization authorities.
Nevada

A.B. 223

Signed by governor 6/11/13, Chapter 485

Relates to constables; revises provisions governing certain notice of a foreclosure sale required to be provided to a tenant; requires a constable in certain townships to become certified as a category I or category II peace officer within a certain period after commencing his or her term of office; prohibits a constable or deputy constable in certain smaller townships from making arrests in the course of his or her duties unless he or she is certified as a category I or category II peace officer; revises provisions governing the appointment of deputy constables and the clerical and operational staff of a constable; clarifies that a constable may issue a citation for a violation of certain laws governing the registration of motor vehicles only if the motor vehicle is located in his or her township; revises various other provisions governing constables.
Nevada

A.B. 273

Signed by governor 6/12/13, Chapter 536

Revises provisions governing enrollment in the Foreclosure Mediation Program; revises provisions governing the payment of certain obligations during participation in the Foreclosure Mediation Program; revises provisions governing the foreclosure of liens by an association of a common-interest community; makes an appropriation.
Nevada

A.B. 300

Signed by governor 6/1/13, Chapter 302

Relates to real property; revises provisions governing the affidavit of authority to exercise the power of sale under a deed of trust which must be included with a notice of default and election to sell; revises provisions governing the exercise of the power of sale under a deed of trust.
Nevada 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.
Nevada

S.B. 278

Signed by governor 6/1/13, Chapter 330

Establishes an expedited process for the foreclosure of abandoned residential property; authorizes a board of county commissioners or the governing body of an incorporated city to establish by ordinance a registry of abandoned residential real property and a registry of real property in danger of becoming abandoned.
Nevada

S.B. 321

Signed by governor 6/3/13, Chapter 403

Relates to real property; revises provisions governing the foreclosure of owner-occupied property securing a residential mortgage loan; provides civil remedies for failure to comply with certain provisions governing the foreclosure of owner-occupied property securing a residential mortgage loan; authorizes a mortgagor in a judicial foreclosure action to elect mediation.
Nevada

S.B. 356

Signed by governor 5/28/13, Chapter 236

Revises provisions relating to covenants that may be adopted by reference in a deed of trust; provides methods by which assumption fees for a change of parties to a deed of trust may be set; revises provisions relating to certain agreements to sell real property to a third party; revises provisions concerning accounting for impound accounts for the payment of certain obligations relating to certain real property; provides a civil penalty.
Nevada

S.B. 424

Passed Senate 4/24/13

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 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. Under this bill, the right of first refusal must be conditioned on the same terms that the judgment creditor or beneficiary of the deed of trust intends to accept in a subsequent sale of the real property.
Nevada 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. 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.
New Jersey

A.B. 3372

Substituted 12/3/12

S.B. 2202

Conditional veto by governor 1/28/13

Requires the New Jersey Housing and Mortgage Finance Agency to expand participation in the New Jersey HomeKeeper Program.
New Jersey

A.B. 3396

Passed Assembly 12/3/12

S.B. 2557

Codifies the Judiciary's Foreclosure Mediation Program; dedicates monies from foreclosure filing fees and fines.
New Jersey

A.B. 3780

Requires use of short sale data under certain circumstances to assess real property and determine assessment ratios.
New Jersey

A.B. 3915

S.B. 3105

Establishes the "Mortgage Assistance Pilot Program."
New Jersey

A.B. 4031

S.B. 2921

Requires registration of certain vacant and abandoned properties with municipalities and provides enforcement tools related to maintenance of these properties.
New Jersey

A.B. 4169

S.B. 2806

Requires mortgage lenders to maintain vacant, age-restricted dwelling units during foreclosure.
New Jersey

A.B. 4251

Substituted 6/24/13

S.B. 2716

Conditional veto received in Senate 6/27/13

Extends moratorium on the imposition of Statewide non-residential development fees until 2016; establishes the “New Jersey Residential Foreclosure Transformation Act.”
New Jersey

A.B. 4383

Establishes process for consideration of offers from short sale buyers during residential mortgage foreclosures.
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.
New Mexico

H.B. 205

Signed by governor 3/13/13, Chapter 11

Relates to financial regulation; creates the state financial regulation fund; provides for deposit of money distributed to the state by the consent judgment entered in mortgage lender litigation; makes an appropriation.
New Mexico 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.
New Mexico H.B. 502
Makes an appropriation for home mortgage foreclosure counseling in the Southwest and Westgate neighborhoods of Albuquerque.
New Mexico 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.
New Mexico 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.
New York 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.
New York A.B. 824
S.B. 4277
Requires a plaintiff in a mortgage foreclosure action to maintain the subject property in good faith.
New York 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.
New York

A.B. 1582

Passed Assembly 4/29/13

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.
New York 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.
New York

A.B. 2223

Enacting clause stricken 5/20/13

Requires banks to defer mortgage payments of customers who are delinquent.
New York 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.
New York 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.
New York 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.
New York 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.
New York 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.
New York 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.
New York

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.
New York

A.B. 5275

S.B. 2958

Establishes a one year moratorium on actions to foreclose a mortgage.
New York

A.B. 5582

Signed by governor 7/13/13, Chapter 306

S.B. 4530

Substituted 6/21/13

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.
New York

A.B. 6747

Establishes the Urban Homeowners Assistance Program to assist first time, low or moderate income, or minority homeowners avoid foreclosure by authorizing and directing the commissioner of the state division of housing and community renewal to enter into contracts with neighborhood preservation companies to provide for such assistance to residents in certain urban communities; makes an appropriation therefor.
New York

A.B. 6748

Relates to procedures at mandatory settlement conferences in residential foreclosure actions and requires good faith settlement discussions in connection with such foreclosure actions.
New York

A.B. 7027

S.B. 4055

Requires a plaintiff in a mortgage foreclosure action to maintain the subject property in good faith.
New York

A.B. 7154

S.B. 347

Passed Senate 4/15/13

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.
New York

A.B. 7395

Passed Assembly 5/22/13

S.B. 5251

Enacts "the Foreclosure Fraud Prevention Act of 2013"; creates the crimes of residential mortgage foreclosure fraud in the first and second degrees.
New York

A.B. 7871

S.B. 5719

Passed Senate 6/21/13

Provides for summary action to foreclose upon vacant and abandoned residential real property.
New York

A.B. 7903

S.B. 5154

Prohibits disclosure, under the freedom of information law, of information provided by mortgagees to the department of housing preservation and development of the city of New York relating to residential real property foreclosures.
New York

A.B. 7953

Passed Assembly 6/21/13

S.B. 5750

Directs county clerks to submit to the office of court administration, on a quarterly basis, an itemized report on the surplus moneys for the sales of foreclosed properties; requires referees to submit report of sale to the county clerk, the former owner of the real property, and the attorney or representative of the former owner.
New York

A.B. 8103

Relates to special foreclosure proceeding for vacant and abandoned property.
New York

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.
New York

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 $1,000,000 for such purposes.
New York

S.B. 2969

Grants tenants relocation costs from the proceeds of a foreclosure sale.
New York

S.B. 3491

Relates to residential mortgage foreclosure fraud prevention; creates the crimes of residential mortgage foreclosure fraud in the first and second degrees.
New York

S.B. 3534

Relates to a plaintiff in a mortgage foreclosure action obtaining a judgment of foreclosure and sale in good faith.
New York

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.
New York

S.B. 5292

Requires certain individuals or entities to maintain a property in good condition during the term of foreclosure; creates a class B misdemeanor for any person who violates such provisions.
New York

S.B. 5562

Provides for the appointment of foreclosure receivers and managing agents in cities having a population of one million or more.
North Carolina

H.B. 203

S.B. 400

Amends the Homeowner and Home Buyer Protection Act, including provisions regulating foreclosure rescue transactions.
North Carolina

H.B. 293

Signed by governor 8/23/13, Chapter 412

Amends the Secure and Fair Enforcement Mortgage Licensing Act to reduce regulatory burdens, makes clarifying and technical changes, and modifies certain foreclosure proceedings.
North Carolina

H.B. 407

Signed by governor 6/12/13, Chapter 104

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.
North Carolina

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.
North Carolina

S.B. 467

Establishes a foreclosure mediation program.
North Dakota

S.B. 2128

Signed by governor 4/12/13, Chapter 258

Provides that during the 2013-14 interim, the legislative management may study the Bank of North Dakota's foreclosure procedures, specifically foreclosure by advertisement. The legislative management shall report its findings and recommendations, together with any legislation required to implement the recommendations, to the 64th legislative assembly.
C. Northern Mariana Islands not available
Ohio

H.B. 223

Amends §§1901.18, 1901.185, 2329.01, 2329.02, 2329.20, 2329.33, 2329.52, and 2909.05 and enacts §§2308.01 to 2308.05 and 3767.51 to 3767.56 of the Revised Code to expedite the foreclosure and transfer of unoccupied, blighted parcels and certain abandoned properties and to make other changes relative to residential foreclosure actions.
Ohio

S.B. 191

Amends §5321.04 and enacts §5321.20 of the Revised Code to require a landlord who has been served with notice of a foreclosure action to disclose to a prospective tenant of the property subject to that action of the action and terminates the provisions of this act on Jan. 1, 2018, by repealing §5321.20 of the Revised Code on that date.
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.
Oregon

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.
Oregon

H.B. 2568

Signed by governor 5/9/13, Chapter 76

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.
Oregon

H.B. 2662

Signed by governor 6/6/13, Chapter 317

Prohibits owner of foreclosed residential real property from neglecting foreclosed residential real property during period of vacancy. Permits local government to remedy or contract with another person to remedy condition of neglect that owner fails to remedy and to attach lien to foreclosed residential real property for costs of remediation.
Oregon

H.B. 2929

Signed by governor 6/24/13, Chapter 465

Permits trustee to rescind trustee's sale within 10 calendar days if trustee asserts that bona fide error occurred in setting, advertising or otherwise specifying opening bid amount during trustee's sale, in providing correct legal description of property or in complying with requirement or procedure imposed by law, if grantor and beneficiary agreed to foreclosure avoidance measure that would postpone or discontinue trustee's sale or if beneficiary accepted funds to reinstate trust deed and obligation. Requires trustee to provide notice of rescission within 10 calendar days after date of trustee's sale. Specifies contents of notice. Requires trustee to record affidavit that trustee provided required notice of rescission. Requires trustee to refund purchase price to purchaser within three calendar days after date of notice. Provides that trustee must maintain registered agent and registered office continuously in this state and file statement that identifies registered agent and shows address of registered office.
Oregon

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.
Oregon

H.B. 3389

Signed by governor 7/19/13, Chapter 625

Prohibits beneficiary from requiring as condition of short sale, except in certain circumstances, that nonprofit entity that purchases property in short sale, or that purchases note from beneficiary, enter into agreement with beneficiary or grantor that limits or bars grantor from owning or occupying residential property after short sale or sale of note. Specifies that certificate of compliance required to foreclose trust deed must be valid and unexpired at time notice of default is recorded.
Oregon

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.
Oregon

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.
Oregon

S.B. 558

Signed by governor 6/4/13, Chapter 304

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.
Oregon

S.B. 804

Requires grantor that seeks mediation with trustee before foreclosure proceedings to provide mediation service provider with certain documents. Makes 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.
Pennsylvania

H.B. 1743

Amends the act of April 6, 1951 (P.L.69, No.20), known as The Landlord and Tenant Act of 1951, provides for notice of foreclosure.
Pennsylvania

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.
Puerto Rico 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.
Puerto Rico

H.B. 1414

Establishes the Law on Prevention of Diseases and Accidents with respect to foreclosed properties.
Rhode Island
H.B. 5103
This act provides a tenant of a foreclosed property greater protection against eviction.
Rhode Island H.B. 5182
This bill adds a daily statewide newspaper to the publications that may be used for notice in mortgage defaults.
Rhode Island 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.
Rhode Island

H.B. 5335

Signed by governor 7/15/13, Chapter 325

S.B. 416

Signed by governor 7/15/13, Chapter 406

This act requires a mortgagee to participate in good faith in a mediation conference prior to initiating foreclosure proceedings. This act applies only to individual consumer mortgages on any owner-occupied, one to four (4) unit residential property which is primary residence of the owner.
Rhode Island 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.
Rhode Island 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.
Rhode Island

H.B. 6316

This act establishes the Rhode Island Foreclosed Property Upkeep Act and requires a purchaser of foreclosed property to maintain the property in accordance with the Rhode Island housing and maintenance and occupancy code and also to identify an agent in Rhode Island for service of process.
Rhode Island S.B. 362
This act provides a former owner of a foreclosed property greater protection against eviction.
Rhode Island

S.B. 412

Passed Senate 6/25/13

This act provides a tenant of a foreclosed property greater protection against eviction.
Rhode Island

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.B. 3710

Signed by governor with line item veto 6/25/13, Act 101

Makes appropriations and provides revenues to meet the ordinary expenses of state government for the fiscal year beginning July 1, 2013, to regulate the expenditure of such funds, and to further provide for the operation of state government during this fiscal year and for other purposes; appropriates funds from the National Mortgage Settlement.
South Carolina

H.B. 3922

Adds chapter 24 to title 31 so as to enact the "South Carolina Community Land Bank Act of 2013", which will allow nonprofit corporations to be formed to acquire, manage, and provide a new purpose and use for vacant, foreclosed, or abandoned properties.
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

Signed by governor 5/18/13, Chapter 52

Makes foreclosure information readily available to the bidding public by requiring any county that maintains an Internet website to post on that website a notice of foreclosure sale filed with the county clerk.
Texas

H.B. 2075

Signed by governor 6/14/13, Chapter 678

The bill grants new rights to the owner of a unit sold in an association lien foreclosure sale to a party other than the association. An owner will be able to redeem the unit within the 90 days following the date of the foreclosure sale. A redeeming owner has to pay the price of the purchaser’s bid on the unit, interest on the bid, any assessment paid by purchaser after the date of foreclosure, and reasonable costs. A redeeming owner also must pay assessments due after the date of redemption and the association’s attorney’s fees in foreclosing on the unit. The unit’s foreclosure sale purchaser would execute a deed without warranty to the redeeming unit owner.
Texas

H.B. 2749

Passed House 5/2/13

Relates to promulgation by the Supreme Court of standard forms for use in certain expedited foreclosure proceedings.
Texas

H.B. 2794

Relates to the notice and time for cure that must be provided to certain debtors before foreclosure of a contract lien.
Texas

H.B. 2978

Signed by governor 6/14/13, Chapter 1044

Amends the Civil Practice and Remedies Code to require, for a power of sale exercised by the filing of an application for an expedited court order allowing the foreclosure of a contract lien under the Texas Rules of Civil Procedure, service of citation to be completed in a manner provided under those rules. The bill authorizes a court, after the filing of a response to an application for expedited foreclosure, to conduct a hearing to determine whether to order the case to mediation and sets out procedural provisions regarding the hearing and mediation. The bill prohibits the supreme court from amending or adopting rules in conflict with the bill's provisions concerning such a mediation. Amends the Government Code to require the supreme court to promulgate specified forms for use in expedited foreclosure proceedings not later than March 1, 2014.
Texas

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.
Texas

H.B. 3691

S.B. 1202

Passed Senate 4/24/13

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.
Utah

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

Signed by governor 4/26/13, Act 8

This act makes a number of changes to the mandatory mediation program applicable to mortgage foreclosure actions. The act expands the program to require mediation in virtually all mortgage foreclosure actions in Vermont, and makes the program permanent by repealing a provision that would have ended it on the date that the federal Home Affordable Modification Program (HAMP) was repealed. The act authorizes the Vermont Bar Association to establish a mediator-selection process and requires the mediator to hold a premediation telephone conference to help the mortgagee and mortgagor complete any necessary document exchange and address other premediation issues. The act also requires each party to the foreclosure or the party’s attorney to be physically present at the foreclosure proceeding.
Virginia

H.B. 2005

Signed by governor 4/3/13, Chapter 754

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 moneys 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.
Virginia

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.
Virginia

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.
Washington

S.B. 5280

Expands the definition of criminal trespass in the first degree to include a person who is a tenant by sufferance. Establishes the crime of criminal trespass of a dwelling in foreclosure. Allows a property owner to request law enforcement to remove a tenant by sufferance as a trespasser.
Washington

S.B. 5541

Signed by governor 4/23/13, Chapter 53

Provides that whether a lien is subsequent in "priority," rather than subsequent in "time," to the lien on which the property was sold, determines whether a lien holder is a "redemptioner" for purposes of redeeming following a foreclosure sale.
Washington

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

S.B. 361

Creates the West Virginia Homeowner Bill of Rights; states legislative findings and purpose in relation to foreclosures in the state generally; requires mortgage servicers to contact the borrower prior to filing a notice of default; requires mortgage servicers to explore options for the borrower to avoid foreclosure; requires the borrower to be provided with specified information in writing prior to recordation of a notice of default; establishes additional procedures to be followed regarding a first lien loan modification application and the denial of an application; provides for a borrower's right to appeal a denial; authorizes a borrower to seek an injunction and damages for violations; authorizes the greater of treble actual damages or $50,000 in statutory damages if a violation is found to be intentional or reckless or resulted from willful misconduct; provides that violations by licensees of certain state agencies are also violations of those respective licensing laws; requires a mortgage servicer who conducts more than 175 foreclosure sales per year or annual reporting period to establish a single point of contact with the borrower; requires that, before recording or filing any of certain documents, a mortgage servicer shall ensure that it has reviewed competent and reliable evidence to substantiate the borrower's default and the right to foreclose, including the borrower's loan status and loan information; authorizes administrative enforcement against licensees by certain state agencies; defines terms; sets forth requirements; establishes effective and termination dates; and authorizes rulemaking.
Wisconsin

A.J.R. 2

Adopted 2/20/13

Amends the state constitution with regard to the creation of a Department of Transportation, creation of a transportation fund and deposit of funds into the transportation fund, the creation of a national mortgage settlement fund for deposit of moneys from the National Mortgage Settlement of 2012, the creation of a public employee trust fund, and the creation of a tax credit fund.
Wyoming
none

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