Foreclosures 2016 Legislation

Heather Morton 4/21/2016

Foreclosure SignThe 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 2016, lawmakers in 31 states and Puerto Rico have introduced legislation regarding foreclosures. Ten bills and resolutions have been enacted or adopted thus far. 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.

(Excludes foreclosures due to tax delinquencies and homeowner associations.)

NOTE: Please note the summaries should be used for general informational purposes and not as a legal reference. If you have questions regarding a specific case involving a mortgage or foreclosure, please contact an attorney in your state. NCSL is unable to provide assistance or advice in individual cases.

The box allows you to conduct a full text search ortype the state name.

State Bill Number Bill Summary
Foreclosures 2016 Legislation
Alabama

None

 
Alaska None  
Arizona

None

 
California

A.B. 205

Died pursuant to Art. IV, Sec. 10(c) of the Constitution 2/1/16

Until Jan. 1, 2018, existing law permits an owner of specified residential property in the cities of Palmdale and Lancaster in the county of Los Angeles or the city of Ukiah in the county of Mendocino to register vacant real property with the local law enforcement agency and to execute a Declaration of Ownership of Residential Real Property that may be filed with the local law enforcement agency of the jurisdiction in which the property is located. Existing law requires the local law enforcement agency with which the property is registered to respond as soon as practicable after being notified that an unauthorized person has been found on the property and take specified action, including requiring a person who is found on the property to produce written authorization to be on the property or other evidence demonstrating the person’s right to possession, and notifying any person who does not produce that authorization or other evidence that the owner or owner’s agency may seek to obtain a court order and that the person will be subject to arrest for trespass if he or she is subsequently found on the property in violation of that order. This bill extends the residential property subject to these provisions to include the city of Eureka in the county of Humboldt, the city of Fairfield in the city of Solano, and the counties of Humboldt and Lake.

California

S.B. 153

Returned to secretary of Senate pursuant to Joint Rule 56 2/1/16

Existing law defines mortgage foreclosure consultants and regulates their activities. Existing law states the intent of the Legislature to protect homeowners who are in the process of foreclosure from abuses and fraudulent practices by foreclosure consultants. This bill makes technical, nonsubstantive changes to these provisions.

California

S.B. 983

Existing law imposes various requirements to be satisfied prior to exercising a power of sale under a mortgage or deed of trust. Existing law, with respect to residential real property containing up to four dwelling units, requires a mortgagee, trustee, beneficiary, or authorized agent to provide to the mortgagor or trustor a copy of the recorded notice of default and a copy of the recorded notice of sale. This bill instead requires the mortgagee, trustee, beneficiary, or authorized agent to provide the mortgagor or trustor with a copy of the notice of default indicating the recording date and a copy of the notice of sale indicating the recording date. Existing law requires a legal owner to maintain vacant residential property purchased at a foreclosure sale or acquired by the owner through foreclosure under a mortgage or deed of trust and authorizes a governmental entity to impose a civil fine, as specified, for a violation. Existing law requires a governmental entity, prior to imposing a fine or penalty for failure to maintain a vacant property, as specified, to provide the owner of that property with a notice of the violation and an opportunity to correct that violation. This bill provides that a trustee under a deed of trust or a trustee named in a recorded substitution of trustee is not a legal owner or owner, as applicable, for purposes of the provisions described above. This bill also provides that a trustee under a deed of trust is not responsible for any obligation or failure to maintain or register a property subject to foreclosure. Existing law requires a mortgagee, beneficiary, or authorized agent to record a rescission of a notice of default or cancel a pending trustee sale, if applicable, upon the borrower executing a permanent foreclosure prevention alternative. Existing law, in the case of a short sale, requires the rescission or cancellation of the pending trustee’s sale to occur when the short sale has been approved and proof of funds or financing has been provided, as specified. This bill makes a clarifying change by eliminating the reference to rescission in the case of a pending trustee’s sale. Existing law limits the amount of trustee’s or attorney’s fees that may be charged in connection with the enforcement of certain terms of obligation upon default in payment under a mortgage or deed of trust prior to reinstatement of a monetary default, or until the notice of sale is deposited in the mail, or otherwise at any time prior to the decree of foreclosure, to a base amount not to exceed $300 for an unpaid principal balance sum of $150,000 or less, or $250 plus specified additional percentages of unpaid principal sums, if the unpaid principal balance exceeds $150,000. Existing law, in lieu of an authorized charge, limits the amount of trustee’s or attorney’s fees after the notice of sale is deposited in the mail and until the property is sold by power of sale, to a base amount not to exceed $425 for an unpaid principal balance sum of $150,000 or less, or $360 plus specified additional percentages of unpaid principal sums, if the unpaid principal balance exceeds $150,000. This bill increases the base limitations on the amount of those trustee’s or attorney’s fees by $50. Existing law, before any sale of property can be made under the power of sale contained in any deed of trust or mortgage, requires notice of the sale to be given. Existing law requires the notice of sale to contain specified information regarding the property and the sale, and to be recorded with the county recorder, as specified. Existing law, on and after April 1, 2012, also requires the notice of sale to contain language notifying potential bidders of specified risks involved in bidding on property at a trustee’s sale. This bill revises the language notifying potential bidders of specified risks involved in bidding at a trustee’s sale.

California S.B. 1150

Existing law imposes various requirements to be satisfied prior to exercising a power of sale under a mortgage or deed of trust. Existing law gives a borrower, as defined, various rights and remedies against a mortgage servicer, mortgagee, trustee, beneficiary, and authorized agent in regards to foreclosure prevention alternatives, as defined, including loan modifications, which is commonly referred to as being part of the California Homeowner Bill of Rights. Existing law defines a mortgage servicer as a person or entity who directly services a loan, or is responsible for interacting with the borrower, and managing the loan account on a daily basis, as specified. This bill prohibits a mortgage servicer or lender, as defined, upon notification that a borrower has died, from recording a notice of default until the mortgage servicer or lender does certain things, including requesting reasonable documentation of the death of the borrower from a claimant, which is someone claiming to be a successor in interest, that is not a party to the loan or promissory note and providing a reasonable period of time for the claimant to present the requested documentation. The bill deems a claimant a successor in interest, as defined, upon receipt by a mortgage servicer or lender of the reasonable documentation regarding the status of the claimant. The bill requires a mortgage servicer or lender, within 10 days of a claimant being deemed a successor in interest, to provide the successor in interest with information about the loan, as specified. The bill requires a mortgage servicer or lender to allow a successor in interest to either assume the deceased borrower’s loan, except as specified, or to apply for foreclosure prevention alternatives on an assumable loan, as specified. The bill provides that a successor in interest who assumes an assumable loan and wishes to apply for a foreclosure avoidance alternative has the same rights and remedies as a borrower under specified provisions of the California Homeowner Bill of Rights. The bill authorizes a successor in interest to bring an action for injunctive relief to enjoin a material violation of specified provisions of law and would authorize a court to award a prevailing successor in interest reasonable attorney’s fees and costs for such an action. The bill defines terms for these purposes and make various findings and declarations.

Colorado

H.B. 1090

Signed by governor 4/15/16, Chapter 97

Limits the premium that a person may charge for offering assistance in recovering the balance of the purchase price of foreclosed property after all liens and claims against the property have been satisfied; reduces the period during which a public trustee must hold certain funds; voids any contract for payment of a finder's fee during a certain number of months of the trustee's custody of the funds, and caps such fee, imposes additional requirements on a finder's contract.

Colorado

H.B. 1096

Postponed indefinitely 3/3/16

Under current law, the owner of real property that is sold in foreclosure for more than the amount owed to the foreclosing party (usually a bank holding a mortgage on the property) may be entitled to the proceeds of the sale in excess of the amount owed to the foreclosing party. This excess is known as an "overbid". The overbid is first applied to satisfy the claims of junior lienors that give notice of their lien to the public trustee but do not redeem their interests during a specified time. After that, title to the property vests in the purchaser at the foreclosure sale or the last of the junior lienors to redeem, if such a redemption has occurred. Certain junior lienors are defined as ineligible to receive any portion of the overbid. These include junior lienors that miss filing deadlines or that settle their lien claims for a discount. The bill adds the last redeeming lienor to the list of persons who are ineligible to receive overbid funds, ensuring that to the extent any overbid remains, it goes to the original owner.

Connecticut

H.B. 5292

Failed Joint Favorable deadline 3/17/16

Provides notice to tenants of property that is being foreclosed upon.

Connecticut

H.B. 5339

This bill increases the civil penalties for failure to register residential property (1) subject to a foreclosure action or (2) obtained through foreclosure. The bill increases, from $100 to $1,000, the penalty for noncompliant plaintiffs in a foreclosure action. It increases, from $250 to $1,250, the penalty for noncompliant owners who take title through foreclosure. The bill does not change the maximum cumulative penalties municipalities can assess against these entities. Under existing law, there is a registration system for tracking (1) entities that initiate a foreclosure action on residential property and (2) owners of residential property obtained through foreclosure.

Connecticut

H.B. 5475

Failed Joint Favorable deadline 3/30/16

Requires the Connecticut Law Revision Commission to study the adequacy of state processes governing the foreclosure of tax liens by a municipality.

Connecticut

H.B. 5567

This bill creates a new process whereby a court may enter a judgment of loss mitigation which allows (1) certain underwater mortgages to be modified without a junior lienholder's consent or (2) the mortgagor (borrower) to satisfy his or her obligation by transferring the property using a transfer agreement. The bill also makes several changes to certain existing foreclosure prevention programs. It modifies the foreclosure by market sale process by allowing a mortgagee (lender), under certain circumstances, to file a motion for judgment of foreclosure by market sale within 30 days of receipt of a sales contract or the expiration or satisfaction of any contingencies. It also clarifies when a listing agreement may be used. With regard to the foreclosure mediation program, the bill authorizes mediators to excuse certain parties from mediation sessions. It also eliminates the: 1. requirement that a mortgagee send a copy of any loss mitigation affidavit to the mediator and mortgagor, 2. restriction that disqualifies a mortgagor from the program when he or she consents to foreclosure by market sale, and 3. requirement that a mortgagee provide a certificate of good standing to a mortgagor who has completed the mediation program. The bill eliminates a requirement that lenders notify certain unemployed and underemployed homeowners of the availability of foreclosure protection. It also (1) prohibits a state marshal from carrying out a foreclosure-related eviction order sooner than five days after the court executes it and (2) requires the marshal to use reasonable efforts to find and notify a defendant of an eviction at least five days before notifying the town of the eviction. The bill also makes technical and conforming changes.

Connecticut

S.B. 170

Failed Joint Favorable deadline 3/17/16

Makes certain improvements to the foreclosure mediation program, to emphasize Connecticut's public policy commitment to establishing a coherent state foreclosure policy through the foreclosure mediation program, and to encourage the federal courts to abstain under the Burford doctrine from hearing and deciding foreclosure cases that would be best served by the foreclosure mediation program.

Connecticut

S.B. 403

This bill creates a new foreclosure process called “statutory power of sale,” which gives a mortgagee (lender) authority to foreclose a mortgage on certain properties without a court action. The bill allows the mortgagee to sell the property to the highest bidder at a public auction when, among other things, (1) the mortgage is in default and (2) the default is not cured within a specified period or the cure period has expired. The cure period must be at least 60 days after the mortgagor has been notified of the mortgagee's intention to foreclose by statutory power of sale. This foreclosure process does not apply if the (1) property that secures the mortgage is a residential property, (2) original mortgage on the property was less than $5 million, or (3) mortgage deed is granted by a religious corporation. A statement in the deed that the mortgagor is not a religious organization establishes that fact. A mortgagee may only use this process if the power of sale is included in the original mortgage deed or incorporated by reference in a mortgage deed granted by a corporation or partnership, including limited partnership, limited liability partnership, or limited liability company. If the statutory power of sale is incorporated by reference, the deed must include notice to the mortgagor (borrower). The bill: 1. establishes notice requirements, including notice to the borrower, residential tenants, and subordinate lienholders on record; 2. requires the lender to appoint a commissioner of the Superior Court (an attorney) who must conduct the sale and it specifies where the sale may take place; 3. allows the mortgagor, under certain circumstances, to stop the foreclosure sale by applying to the court for relief; 4. establishes how the court must distribute the sale proceeds and convey the title; 5. establishes a court process that allows subordinate lienholders to preserve their interests in the property (the court may appoint a state referee to hear the case); and 6. does not limit a mortgagee's right to proceed under other judicial remedies, such as foreclosure by sale or strict foreclosure.

Connecticut

S.B. 408

This bill reduces, from 18 percent to eight percent, the annual interest rate that a municipality must charge on (1) delinquent property taxes and (2) property sold for tax purposes. In doing so, it reduces the interest rate on certain other delinquent taxes and assessments that are linked to the interest rate towns charge on delinquent property taxes. It prohibits municipalities from assigning tax liens valued at $5,000 or less and imposes new restrictions and requirements on the entities that purchase tax liens from municipalities (i.e., assignees). The bill: 1. limits an assignee's right to enforce a tax lien to foreclosure and a law suit on the debt; 2. requires the assignee to (a) conduct a repayment evaluation in good faith (i.e. honesty in fact), (b) provide a written payoff statement upon request, and (c) meet specific written notification requirements before beginning the foreclosure process (see below); 3. requires the assignee, upon beginning a foreclosure action, to file an affidavit demonstrating that it conducted the good faith repayment evaluation; 4. limits attorney's fees that may be awarded to an assignee; 5. specifies that all aspects of a tax lien foreclosure by an assignee must be commercially reasonable (The bill does not define “commercially reasonable.”); and 6. specifies that a violation of any of these requirements is deemed an unfair or deceptive trade practice under the Connecticut Unfair Trade Practices Act. The bill makes three main changes to the existing Emergency Mortgage Assistance Program (EMAP) established by the Connecticut Housing Finance Authority (CHFA). (EMAP provides temporary monthly mortgage payment assistance to eligible mortgagors of one-to-four family owner-occupied residential property who are facing foreclosure due to financial hardship.) First, it expands the types of mortgages that are eligible for an EMAP loan to include reverse mortgages and home equity conversion mortgages. Second, it requires CHFA, starting July 1, 2016 and within available funds, to (1) provide assistance payments to “homeowners” (i.e., owner-occupants) of residential property subject to “lien debt” (i.e., tax or sewer liens or condominium association assessments or fees) and (2) adopt procedures to implement these changes. The bill generally extends existing EMAP procedural and program requirements to also apply to lien debt assistance payments. Third, it prohibits CHFA from disqualifying a mortgagor or homeowner from receiving mortgage or lien debt assistance based solely on the discharge of his or her debt through bankruptcy. The bill also makes other minor, technical, and conforming changes.

Connecticut

S.B. 409

Failed Joint Favorable deadline 3/17/16

Improves consumer protections for homeowners facing foreclosures from tax lienholders, protects homeowners by regulating tax lien sales and defining the rights and responsibilities associated with a tax lien purchased from a municipality, and protects consumers by expanding the emergency mortgage assistance program to certain homeowners.

Connecticut

S.B. 410

Failed Joint Favorable deadline 3/17/16

Removes the requirement that a mortgagee provide a mortgagor with a certificate of good standing, at the request of such mortgagor, where such mortgagor has completed a foreclosure mediation program and remained current on payments for a period of three or more years following the completion of such program.

Delaware None  
District of Columbia

None

 
Florida

None

 
Georgia

H.B. 1026

Provides that certain owners of real property against which a notice of code violation has been sent who fails to correct such violation within 48 days shall be subject to a daily fine; provides for a lien, creation, and foreclosure; amends Title 44 of the O.C.G.A., relating to property, so as to provide for a lien against lots by a homeowners' association; provides for the establishment of a postforeclosure registry; provides for the submission of certain information by the purchasers of real property at a foreclosure sale; provides for a presumption that such information is valid for all legal notices.

Guam Not available  
Hawaii

H.B. 2326

To conference committee 4/18/16

S.B. 2855

Passed Senate 3/8/16

Makes numerous amendments to Hawaii's mortgage rescue fraud prevention act, chapter 480E, Hawaii Revised Statutes, for consistency with the federal Mortgage Assistance Relief Services Rule.

Idaho

S.B. 1315

Signed by governor 4/5/16, Chapter 364

Amends existing law to provide that a purchaser at a trustee's sale shall be entitled to dispose of titled or nontitled personal property under certain conditions.

Illinois

H.B. 22

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. 23

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. 279

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. 280

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. 486

Amends the Condominium Property Act. Defines "regular monthly assessments". Provides that following a foreclosure sale, consent foreclosure, common law strict foreclosure, or the delivery of a deed in lieu of foreclosure, the mortgagee shall have the duty to pay to the association all moneys due to satisfy the lien held by the association, except for the 9 months of unpaid regular monthly assessments and associated attorney's fees which may be collected from the purchaser. Provides that the amount due may include any attorney's fees and court costs, but may not exceed 9 months of regular assessments due over the same 9-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 6 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 9-month period preceding the sale, including attorney's fees and court costs. Provides that each notice of a judicial sale a condominium unit and each disclosure statement issued to a prospective purchaser shall list the required fees. Provides that in certain situations, the Board of Managers (instead of the owner) of a condominium unit must make specified information available within 21 days of the request if the association is self-managed, and within 14 days if managed by a community association management firm or a community association manager as those terms are defined in the Community Association Manager Licensing and Disciplinary Act (instead of "upon demand") and may do so either electronically or in writing. Makes other changes.

Illinois

H.B. 1517

Creates the Land Bank Act. Provides that a taxing district may create a land bank by the adoption of an ordinance or resolution. Establishes requirements for the creation of a land bank and a land bank's board of directors and staff. Establishes various powers and duties of a land bank. Provides that the provisions of the Act shall not apply to any land bank in effect before the effective date of the Act.

Illinois

H.B. 2922

Amends the Code of Civil Procedure. Provides that a person commits false representation concerning real estate title, a Class 4 felony, when he or she knowingly, as part of any transaction or legal proceeding under the Mortgage Foreclosure Article of the Code, claims an interest in real estate or executes, notarizes, or records a fraudulent real estate document. Provides that a person commits a pattern of making false representations concerning real estate title, a Class 3 felony, by committing false representation concerning title to real estate in 2 or more instances with a similar pattern or purpose which are not isolated incidents within the preceding 4 years and in which the aggregate loss or intended loss is more than $250. Provides that the attorney general has a private right of action for civil penalties arising from such conduct. Provides that if a person does not correct the false representation within 20 days of a written request to do so, the owner or holder of the beneficial interest in real estate which is the subject of a false representation concerning real estate title may bring a civil action in the circuit court in the county in which the real estate is located to recover damages suffered by the owner or holder of the beneficial interest plus reasonable attorney's fees.

Illinois

H.B. 3966

Amends the Code of Civil Procedure. Provides that in a foreclosure proceeding and up to 90 days after the date of the order confirming the sale, a mortgagee-in-possession of the mortgaged real estate, a receiver, a holder of the certificate of sale or deed, or the purchaser may file a supplemental petition for possession against an occupant of the property who is a squatter. Provides procedural requirements. Provides that the court shall enter a final ruling on the petition no later than 180 days after it is filed, and that the sheriff shall evict the squatter as soon as practicable after the entry of an order granting possession.

Illinois

H.B. 4077

Creates the Land Bank Act. Provides that a taxing district may create a land bank by the adoption of an ordinance or resolution. Establishes requirements for the creation of a land bank and a land bank's board of directors and staff. Establishes various powers and duties of a land bank. Provides that the provisions of the Act shall not apply to any land bank in effect before the effective date of the Act.

Illinois

H.B. 4595

Passed House 4/14/16

Amends the Mortgage Foreclosure Article of the Code of Civil Procedure. Provides that the provisions of a subsection concerning the federal Making Home Affordable program are operative and shall become inoperative on Jan. 1, 2018 (instead of Jan. 1, 2016) for all actions filed under the Article after Dec. 31, 2017 (instead of Dec. 31, 2015), in which the mortgagor did not apply for assistance under the Making Home Affordable Program on or before Dec. 31, 2016 (instead of Dec. 31, 2015). Provides that the changes apply to all cases pending and filed on or after the effective date.

Illinois

S.B. 1310

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. 1368

Amends the Condominium Property Act. Defines "regular monthly assessments". Provides that following a foreclosure sale, consent foreclosure, common law strict foreclosure, or the delivery of a deed in lieu of foreclosure, the mortgagee shall have the duty to pay to the association all moneys due to satisfy the lien held by the association, except for the 9 months of unpaid regular monthly assessments and associated attorney's fees which may be collected from the purchaser. Provides that the amount due may include any attorney's fees and court costs, but may not exceed 9 months of regular assessments due over the same 9-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 6 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 9-month period preceding the sale, including attorney's fees and court costs. Provides that each notice of a judicial sale a condominium unit and each disclosure statement issued to a prospective purchaser shall list the required fees. Provides that in certain situations, the Board of Managers (instead of the owner) of a condominium unit must make specified information available within 21 days of the request if the association is self-managed, and within 14 days if managed by a community association management firm or a community association manager as those terms are defined in the Community Association Manager Licensing and Disciplinary Act (instead of "upon demand") and may do so either electronically or in writing. Makes other changes.

Illinois

S.B. 2737

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. 3166

Amends the Forcible Entry and Detainer Article of the Code of Civil Procedure. Provides that in an action brought by a mortgagee who assumes control of the residential real estate in foreclosure through a judicial foreclosure, consent foreclosure, common law strict foreclosure, or delivery of a deed in lieu of foreclosure, the plaintiff's notice of motion shall use the term "plaintiff" instead of "landlord" whenever "landlord" appears in the notice.

Indiana

H.B. 1239

Specifies that the statute concerning the state regulation of mortgage foreclosures does not affect or preempt a political subdivision's authority to: (1) regulate the maintenance, upkeep, or repair of real property within the jurisdiction of the political subdivision, including real property subject to a mortgage foreclosure action; or (2) act as authorized under the unsafe building law, or other applicable state law, with respect to real property within the jurisdiction of the political subdivision, including real property subject to a mortgage foreclosure action; in accordance with state law.

Indiana

H.B. 1358

Amends the statutes concerning condominium liens and homeowners association liens to provide that if the mortgagee of a first mortgage, or if any other purchaser, obtains title to: (1) a condominium unit; or (2) real estate in a subdivision; as applicable, as a result of foreclosure of the first mortgage, the acquirer of title is not liable for the share of the common expenses or assessments that are chargeable to the unit or real estate and that became due before the date the judgment of foreclosure is issued by the court, if the judgment of  foreclosure is issued by the court after June 30, 2016. (Current law provides that the acquirer of title through foreclosure is not liable for the share of the common expenses or assessments that became due at any time before the acquisition of title by the acquirer.)

Indiana

S.B. 183

Signed by governor 3/21/16, Public Law 32

Amends the statute concerning criminal trespass to specify that a person commits criminal trespass if the person knowingly or intentionally enters or refuses to leave the real property of another person after having been prohibited from entering or asked to leave the real property by a law enforcement officer when the real property is: (1) vacant real property or a vacant structure (both as defined by the statute concerning the abatement of vacant structures and abandoned structures); or (2) designated by a municipality or county enforcement authority to be abandoned property or an abandoned structure. Provides that a person who knowingly or intentionally damages, defaces, or permanently removes an object from real property that is the subject of a mortgage foreclosure proceeding commits foreclosure mischief, a Class B misdemeanor. Increases the penalty to a Class A misdemeanor if the damage caused is between $750 and $50,000, and to a Level 6 felony if the damage caused is $50,000 or more. Establishes a defense if the damage, removal, or defacement was the result of repair, renovation, replacement, or maintenance performed in good faith.

Indiana

S.B. 204

Passed Senate 2/2/16

Provides that a person who knowingly or intentionally damages, defaces, or permanently removes an object from property that is the subject of a mortgage foreclosure proceeding commits foreclosure mischief, a Class B misdemeanor. Increases the penalty to a Class A misdemeanor if the damage caused is between $750 and $50,000, and to a Level 6 felony if the damage caused is $50,000 or more. Establishes a defense if the damage, removal, or defacement was the result of repair, renovation, replacement, or maintenance performed in good faith. Amends the statute concerning criminal trespass to specify that a  person commits criminal trespass if the person knowingly or intentionally enters or refuses to leave the property of another person after having been prohibited from entering or asked to leave the property by a law enforcement officer when the property is: (1) vacant real property or a vacant structure (both as defined by the statute concerning the abatement of vacant structures and abandoned structures); or (2) designated by a municipality or county enforcement authority to be abandoned property or an abandoned structure.

Indiana

S.B. 372

Signed by governor 3/21/16, Public Law 54

Provides that the following statutes are not intended to provide the owner of real estate subject to the issuance of process under a judgment or decree of foreclosure any protection or defense against a deficiency judgment for purposes of the borrower protections from liability that must be disclosed on a specified form required by amendments to a federal rule concerning mortgage disclosures: (1) The statutes governing the payoff of, and short sales involving: (A) first lien mortgage transactions; and (B) consumer credit sales and consumer loans under the uniform consumer credit code. (2) The statute  allowing the owner of real estate subject to the issuance of process under a judgment or decree of foreclosure to waive, with the consent of the judgment holder, the time limitations that would otherwise apply to the issuance of process with respect to the judgment or decree of foreclosure.

Iowa

H.F. 477

Current law 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. The bill extends this protection against mortgage foreclosures for nine months after the service member’s release or discharge from military service.

Kansas

S.B. 63

To conference committee 3/22/16

Allows the governing body of any municipality that levied special assessments on property acquired by a land bank to enter into an agreement with the land bank to defer or reamortize all or part of the special assessments.

Kentucky None  
Louisiana

None

 

Maine

None

 
Maryland

H.B. 508

S.B. 330

Requires a secured party to record an instrument of writing transferring residential property by the later of 30 days after the entry of a court order ratifying a foreclosure sale of the residential property or 30 days after the entry of a court order resolving a specified motion; provides that no transfer tax may be assessed on a secured party that records an instrument of writing transferring residential property within 20 days after the entry of the court order ratifying the foreclosure sale of the property; etc.

Maryland

H.B. 524

Withdrawn from further consideration 2/22/16

Establishes that, on and after the filing of an action to foreclose a mortgage or deed of trust on residential property, the secured party shall be responsible for maintenance of the property until the foreclosure sale occurs; requires the secured party to submit a registration to the Foreclosed Property Registry within 30 days after the filing of a foreclosure action on residential property; requires the registration to be in a specified form and contain specified information; establishes fees; applies the Act prospectively; etc.

Maryland

H.B. 538        

Passed House 3/16/16

Requires the person authorized to make a foreclosure sale to give written notice of the proposed sale to a specified condominium or homeowners association that, at least 30 days before the date of the proposed sale, has recorded a statement of lien against the property; requires the trustee, within 14 days after the postponement or cancellation of a foreclosure sale, to send a notice that the sale was postponed or canceled to the record owner and, if applicable, to the specified condominium or homeowners association by pre-paid mail; etc.

Maryland

H.B. 664

Establishes that, on and after the filing of an action to foreclose a mortgage or deed of trust on residential property, the secured party shall be responsible for maintenance of the property until the foreclosure sale occurs; requires the secured party to submit a registration to the Foreclosed Property Registry within 30 days after the filing of a foreclosure action on residential property; requires the registration to be in a specified form and contain specified information; establishes fees; etc.

Maryland

H.B. 970

Passed both houses 4/6/16

S.B. 591

Passed both houses 4/7/16

Requires a specified notice of an action to foreclose the right of redemption to be sent to a homeowners association or a condominium association; requires a plaintiff in an action to foreclose the right of redemption on property to be liable for the payment of specified assessments or fees incurred after the date of judgment foreclosing the right of redemption; authorizes a specified action to be filed to collect specified assessments or fees; etc.

Maryland

H.B. 1146

Withdrawn from further consideration 3/7/16

Increases, from $1,000 to $5,000, the maximum civil penalty that a local jurisdiction in Montgomery County may enact by local law for failure to submit a required registration to the Foreclosed Property Registry.

Maryland

H.B. 1171

Establishes that, on and after the filing of an action to foreclose a mortgage or deed of trust on residential property, the secured party shall be responsible for maintenance of the property until the foreclosure sale occurs; requires the secured party to submit a registration to the Foreclosed Property Registry within 30 days after the filing of a foreclosure action on residential property; requires the registration to be in a specified form and contain specified information; establishes fees; applies the Act prospectively; etc.

Maryland

H.B. 1286

Alters the information that is required to be contained in the initial registration of a residential property in the Foreclosed Property Registry in the Department of Labor, Licensing, and Regulation to include the county in which the property is located; and requires the Department to promptly send an electronic copy of the initial registration of a residential property to the appropriate county official and, on request, to the appropriate official of the municipal corporation in which the residential property is located.

Maryland

H.B. 1377

Authorizes a secured party to petition the circuit court for leave to immediately commence an action to foreclose the mortgage or deed of trust on specified vacant and abandoned property; authorizes a county, municipal corporation, homeowners association, or condominium to notify a secured party of any vacant and abandoned property located in the county, municipal corporation, homeowners association, or condominium in a specified manner; specifies the contents of a specified notice; etc.

Massachusetts

H.B. 831

Relates to mortgage assistance for citizens who are financially unable to make mortgage payments.

Massachusetts

H.B. 835

Establishes a trust fund to protect citizens of the commonwealth and municipalities impacted by the mortgage foreclosure crisis.

Massachusetts

H.B. 888

Requires banks to mediate in good faith with homeowners to identify alternative resolutions before starting foreclosures.

Massachusetts

H.B. 889

Relates to a moratorium on certain foreclosures of mortgages.

Massachusetts

H.B. 1141

Relates to foreclosures in the historic districts of the commonwealth.

Massachusetts

H.B. 1490

Expedites the sale of foreclosed homes.

Massachusetts

H.B. 1498

Relates to vacant property, foreclosed property and property in the process of foreclosure.

Massachusetts

H.B. 1552

Reduces the time within which actions may be taken to recover certain amounts due after a foreclosure.

Massachusetts

H.B. 1579

Protects tenants and prevent vacancies in foreclosed homes.

Massachusetts

H.B. 1586

Relates to the procedures for notices of foreclosed properties.

Massachusetts

H.B. 1599

Requires judicial review of foreclosures on residential mortgages.

Massachusetts

H.B. 1640

Relates to Superior Court foreclosure procedures.

Massachusetts

H.B. 1860

Authorizes municipalities to implement an abandoned property registration and security program.

Massachusetts

H.B. 1865

Requires owners of rented or foreclosed properties to check for abandoned animals.

Massachusetts

H.B. 2608

Relates to taxable income after the short sale of mortgaged property.

Massachusetts

H.B. 3770

Provides for a tax deduction for income attributable to the discharge of debt on principal residences including debt reduced through mortgage restructuring.

Massachusetts

H.B. 3805

Relates to clearing titles to foreclosed properties.

Massachusetts

H.B. 3809

Relates to clearing titles to foreclosed properties.

Massachusetts

S.B. 482

Relates to alternatives to foreclosure.

Massachusetts

S.B. 554

Relates to vacated foreclosed residential property.

Massachusetts

S.B. 807

Prevents unnecessary vacancies in foreclosed homes.

Massachusetts

S.B. 852

Amends the foreclosure statute to require judicial foreclosure.

Massachusetts

S.B. 871

Establishes a foreclosure review division of the Superior Court.

Massachusetts

S.B. 1090

Relates to vacant, foreclosing and foreclosed property in the commonwealth.

Massachusetts

S.B. 2057

Further regulates the clearing of title to certain foreclosed properties; provides that divisions of the housing court department shall have jurisdiction of defenses or counterclaims by any party entitled to notice of sale or by any party entitled to said notice of sale and who continues to occupy the mortgaged premises; requires recording in the registry of deeds.

Michigan

H.B. 5375

Prohibits transfer of foreclosed property to land bank authority before auction sale.

Michigan

S.B. 677

Requires judicial foreclosure for certain residential mortgages.

Minnesota

H.F. 113

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. 114

Provides that upon request and proof of eligibility provided by the mortgagor, a mortgagee shall defer commencement or continuation of a mortgage foreclosure for at least 12 months for mortgagors: (1) who have lived in their current home that is subject to the mortgage for at least 10 years; and (2) at least one of whom is unemployed and eligible for unemployment compensation or whose eligibility for it has expired.

Minnesota

H.F. 124

Provides that future mortgage foreclosures by advertisement will not be effective; providing that a deficiency judgment will no longer be available on foreclosures of homestead property by action or advertisement.

Minnesota

H.F. 144

Provides a grant for funding for mortgage foreclosure counseling.

Mississippi

H.B. 526

Died in committee 2/23/16

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; requires 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; amends §89-1-55 and 89-1-57 to conform to the provisions of this bill.

Mississippi

H.B. 527

Died in committee 2/23/16

Establishes, as an alternative to any other foreclosure procedure authorized by law, 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; requires 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; amends §89-1-55 and 89-1-57 to conform to the provisions of this bill.

Mississippi

H.B. 1267

Died in committee 2/23/16

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; provides the procedures to be followed in the program.

Mississippi

S.B. 2611

Died in committee 2/23/16

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. 2764

This bill requires a mortgage company or its loan servicing agents to fully disclose the terms of any notes or deeds of trust to any and all persons having a recorded interest in real property within 30 days of a request or not less than 30 days prior to the start of any foreclosure proceeding. If a mortgage is in default, anyone having a recorded interest will have 30 days to satisfy the default regardless of who is liable on the loan. Any authorized lender making a reverse mortgage loan must allow for the repayment of the loan after the death of the person who entered into the loan. The lender must disclose the terms of the loan to any heirs of the real property within 30 days of a request or not less than 30 days prior to the start of any foreclosure proceeding and allow for a repayment period of at least 15 years charging interest at the average rate on mortgage loans in effect as of the date of death. The heir must be named in a will or in letters of administration as an heir or must file an affidavit of death with the recorder of deeds identifying himself or herself as an heir in order to be entitled to obtain the loan information. Any personal representative must be named in a will or appointed by the probate court.

Missouri

S.B. 715

This act changes the notice requirement that a new owner must give to a tenant following a foreclosure sale from 10 business days to vacate the premises to 90 days.

Missouri

S.B. 716

This act repeals provisions of law which provide that a sale made by a mortgagee, secured party, or personal representative with power of sale pursuant to a mortgage or security agreement is valid and binding upon the mortgagor and debtor, and that such sale shall foreclose all right and equity of redemption of the property sold. The act provides that beginning Aug. 28, 2016, all foreclosure proceedings shall be handled judicially.

Missouri

S.B. 744

Under current law, any city and St. Louis County may establish a semiannual registration fee of up to $200 for vacant properties. This act provides that the current law shall not preempt Kansas City from adopting an ordinance requiring the registration of vacant properties or any parcel in the process of mortgage foreclosure and the payment of a registration fee in an amount determined by the city if the fee is approved by a majority of the city's registered voters.

Montana No regular 2016 session  
Nebraska None  
Nevada No regular 2016 session  
New Hampshire

S.B. 158

Failed to pass Senate 1/6/16

This bill extends the foreclosure notice required prior to the sale of residential property from 25 days to 45 days.

New Jersey

A.B. 303

S.B. 1629

Establishes the "Mortgage Assistance Pilot Program."

New Jersey

A.B. 333

Ensures fairness of project deadlines, enhances transparency, and creates foreclosure protections for Superstorm Sandy victims.

New Jersey

A.B. 1029

S.B. 1130

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

New Jersey

A.B. 1299

S.B. 219

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

New Jersey

A.B. 2028

Establishes the “New Jersey Residential Foreclosure Transformation Act.”

New Jersey

A.B. 2036

Creates Foreclosure Prevention and Neighborhood Stabilization Revolving Trust Fund; places temporary surcharge on mortgage foreclosure complaints.

New Jersey

A.B. 2060

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

New Jersey

A.B. 2462

Passed Assembly 2/15/16

S.B. 749

Extends post-military service protection against mortgage foreclosure.

New Jersey

A.B. 2952

S.B. 1631

Requires creditors to maintain vacant and abandoned non-residential properties under foreclosure.

New Jersey

A.B. 2953

S.B. 1630

Requires creditors to maintain interior of vacant and abandoned residential property under foreclosure.

New Jersey

A.B. 3346

Revises residential property mortgage foreclosure process.

New Jersey

A.C.R. 54

Memorializes Congress and the President to authorize and encourage lenders to permit homeowners to remain in their homes as renters during and after foreclosure.

New Jersey

S.B. 369

Requires certification of diligent inquiry in residential mortgage foreclosure actions to be filed by attorneys.

New Jersey

S.B. 847

Requires owner of foreclosed property to provide relocation assistance to tenant displaced by termination of illegal occupancy.

New Jersey

S.B. 1593

Provides foreclosure forbearance for certain residential borrowers and exempts certain lenders that offer sustainable mortgage modifications.

New Jersey

S.B. 1832

Concerns expedited process for foreclosing vacant and abandoned residential properties in uncontested actions.

New Mexico

None

 
New York

A.B. 247

S.B. 5241

Provides that the defense, in a mortgage foreclosure action, of the plaintiff's lack of standing is not waived because of the defendant's failure to raise such defense in his or her responsive pleading.

New York

A.B. 335

S.B. 1779

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

New York

A.B. 477

S.B. 765

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. 1170

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. 1298

S.B. 5242

Expands the provisions relating to mandatory settlement conferences in residential foreclosure actions.

New York

A.B. 2490

S.B. 3751

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. 3295

Authorizes localities to convey distressed residential real property that has been foreclosed upon for non-payment of real estate taxes to a third party; establishes that third party may be an individual or for-profit or not-for-profit entity which would rehabilitate and manage such property, providing needed housing while restoring the property to the non-delinquent tax rolls; called "third party transfer program."

New York

A.B. 3325

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

New York

A.B. 3995

S.B. 3204

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. 4152

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

New York

A.B. 4567

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. 4842

S.B. 6256

Requires plaintiffs in mortgage foreclosure actions to provide contact information.

New York

A.B. 5457

S.B. 2061

Requires counties and/or cities to establish a plan for providing legal counsel to persons who are defendants or respondents in eviction, ejectment and foreclosure proceedings and who are financially unable to obtain counsel; eligible person is one whose gross individual income is not in excess of 125 percent of the federal income official poverty line; requires the state to match dollar for dollar the amount counties appropriate for their plans.

New York

A.B. 5681

Creates land banks for the acquisition of vacant and abandoned properties and authorizes the sale of such properties.

New York

A.B. 6283

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. 6391

S.B. 2752

Requires banks and financial institutions entering into negotiations to modify a mortgage on real property located in this state to be responsible for the continuation of the modification process until its completion regardless of whether the mortgage is sold.

New York

A.B. 6549

S.B. 265

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. 6749

S.B. 2786

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. 6932

S.B. 4781

Establishes the "Abandoned Property Neighborhood Relief Act of 2016"; relates to the duty of the mortgagee or its loan servicing agent to maintain property secured by a delinquent mortgage.

New York

A.B. 7340

S.B. 1425

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

New York

A.B. 7527

Provides for no filing or recording fees for land banks.

New York

A.B. 7529

Authorizes holding title of real property of a land bank in the name of a subsidiary; grants additional powers to land banks.

New York

A.B. 7530

Grants additional powers to land banks; authorizes land banks to lend money, make grants and hold real and personal property security for the payments of funds so loaned; further authorizes land banks the power to organize a subsidiary for a project or projects to limit the potential liability of such subsidiary's project.

New York

A.B. 7848

S.B. 5776

Authorizes land banks to access real property prior to acquisition of the property and relates to the liabilities and exemptions from liability of land banks with relation to the acquisition and ownership of vacant, abandoned or tax delinquent real property.

New York

A.B. 8156

S.B. 7171

Provides the land bank can assign all rights resulting from the land bank's successful tender for the property to the foreclosing governmental unit; allows the property to be deeded directly to the foreclosing governmental unit.

New York

A.B. 8318

S.B. 4498

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

New York

A.B. 8376

Relates to Superstorm Sandy real property foreclosure relief.

New York

A.B. 8478

Requires notice in foreclosure actions; requires notice to municipalities by the mortgagee and requires notice to mortgagor of their right to remain on the property until final judgment.

New York

A.B. 8559

S.B. 6656

Relates to providing notice to a homeowner whose property is being foreclosed that they do not have to abandon the property until the day of the foreclosure sale.

New York

A.B. 8677

S.B. 5228

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. 9394

Relates to requiring a bank to notify a municipality when the bank files a lis pendens for a foreclosure.

New York

A.B. 9565

S.B. 6911

Establishes the community reinvestment program to restore residential properties and prevent foreclosures; establishes the community reinvestment program fund council.

New York

A.B. 9655

S.B. 7295

Permits a municipality to compel a mortgagee to either complete a mortgage foreclosure proceeding or to issue a certificate of discharge of the mortgage for any property which has been certified abandoned pursuant to §1971 of the real property actions and proceedings law.

New York

S.B. 769

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. 2239

Enacts the "Home Mortgage Bridge Loan Assistance Act of 2016."

New York

S.B. 3572

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. 3762

Relates to prohibiting robosigned documents in foreclosure actions.

New York

S.B. 3767

Relates to prohibiting mortgagors from recovering attorney's fees and/or expenses incurred during a foreclosure.

New York

S.B. 3768

Relates to modifying delinquent mortgage loans and single point of contact.

New York

S.B. 4012

Establishes the rural homeownership assistance program to assist first time, low or moderate income, or minority homeowners in avoiding 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. 4357

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

New York

S.B. 4607

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. 4636

Relates to presumption of dismissal of residential mortgage foreclosure actions for repeated plaintiff non-appearance or failure to meet readiness deadlines.

New York

S.B. 5128

Relates to powers of a land bank, land bank exemptions from fee clerks, access to parcels of property that land banks may acquire, land bank liability exemptions, the disposition of property by a land bank and a land bank's authority to hold title to real property.

New York

S.B. 5203

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. 5474

Relates to establishing the community restoration fund.

New York

S.B. 6259

Directs the court to provide notice to the former owners of foreclosed property of the right to file a claim for the excess funds from the sale of the real property.

North Carolina

H.B. 704

Provides tax relief for mortgage debt cancellation.

North Dakota No regular 2016 session  
N. Mariana Islands Not available  
Ohio

H.B. 134

Passed House 11/17/15

Amends §§323.47, 1901.18, 2303.26, 2329.01, 2329.02, 2329.20, 2329.21, 2329.23, 2329.26, 2329.30, 2329.31, 2329.33, 2329.52, and 2909.07 and enacts §§2308.01 to 2308.04, 2329.211, and 2329.311 of the Revised Code to establish summary actions to foreclose mortgages on vacant and abandoned residential properties and to make other changes relative to residential foreclosure actions.

Ohio

H.B. 303

Passed House 12/8/15

Enacts §§5315.01, 5315.02, 5315.03, 5315.04, and 5315.05 of the Revised Code to create the D.O.L.L.A.R. Deed Program.

Ohio

H.B. 463

Amends §§323.47, 1303.16, 1303.38, 2303.26, 2327.01, 2327.02, 2327.04, 2329.01, 2329.151, 2329.17, 2329.18, 2329.19, 2329.20, 2329.21, 2329.26, 2329.271, 2329.28, 2329.30, 2329.31, 2329.33, 2329.34, 2329.39, 2329.45, 2329.52, 2329.56, 2909.07, 5302.01, 5721.371, and 5721.39 and to enact sections 2308.01, 2308.02, 2308.03, 2308.04, 2329.152, 2329.153, 2329.154, 2329.211, 2329.311, 2329.312, 5302.31, 5721.372, and 5721.373 of the Revised Code to establish expedited actions to foreclose mortgages on vacant and abandoned residential properties, permits private selling officers to conduct judicial and execution sales of real property, states the intent of the General Assembly regarding mortgage foreclosure actions, revises the Commercial Paper Law relating to mortgages and lost instruments, and makes other changes relative to foreclosure actions.

Oklahoma

S.B. 277

Relates to Citizens Land Banks; creates the Citizens Land Banks Development Act; provides short title; creates the Citizens Land Banks Development Commission; states purpose; states membership; provides for appointments; states procedures for Commission meetings; provides for travel reimbursement; states Powers and duties; provides for administration and staffing requirements by the secretary of Commerce and the Oklahoma Department of Commerce.

Oklahoma

S.R. 2

Recognizes the use of eminent domain laws by certain municipalities to restructure mortgage loan foreclosures; encourages all policymakers to examine impact of such action on diverse communities; supports programs to prevent foreclosures; directs distribution.

Oregon

None

 

Pennsylvania

H.B. 795

Provides for foreclosed property maintenance; and imposes penalties.

Pennsylvania

H.B. 1500

Passed House 4/11/16

Amends Title 68 (Real and Personal Property) of the Pennsylvania Consolidated Statutes, in land banks, further provides for legislative findings and purpose, for powers and for disposition of property.

Pennsylvania

H.B. 1954

Provides for the certification of mortgaged property as vacant and abandoned in an action for mortgage foreclosure, possession, quiet title or similar action to enforce an obligation in a mortgaged property, for effect of certification and for additional sheriffs' fees.

Pennsylvania

S.B. 80

Authorizes the establishment of land bank programs and affordable housing programs with the approval of the electorate; providing for funding by proceeds from tax on the transfer of real property; and specifying the purposes of the programs.

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. 301

Creates the Inventory of Land Bank of Puerto Rico to be attached to the Department of Housing to integrate under a proper inventory all land on the island suitable for housing development social interest, including those farms with projects that have permissions conceptualized preapproved and completed environmental procedures to reduce construction time and costs of the work for the developer.

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. 1095

Amends Law 198 of August 8, 1979 known as the Mortgage and Property Registry to clarify several issues related to segregation and aggregation of farms, and the foreclosure process.

Puerto Rico

H.B. 1414

Establishes the Law on Prevention of Diseases and Accidents with respect to foreclosed properties.

Puerto Rico

H.B. 2037

Amends Law 184 of 2012, the Compulsory Mediation Act and Preservation in Your Home Mortgage Foreclosure Processes of a Main House in order to clarify its provisions on the selection of mediators directing compulsory mediation meetings held under this Act.

Puerto Rico

H.B. 2127

Withdrawn 6/3/15

Creates the Special Law to Safeguard the Principal Housing for the purposes of fixing the mortgage debt notes at risk of foreclosure to the market value of collateral, if this is the debtor's principal residence; creates the program as a remedy for Sale Rent to foreclosure.

Puerto Rico

H.B. 2252

Amends Law 184 of 2012 known as the Act of Compulsory Mediation and Preserving Homes in Mortgage Foreclosure in order to include the obligation of the mediator to present a confidential report to the Court in which gives details of efforts to reach a mediation and recommendations that may guide the judge in the cases referred to compulsory mediation.

Puerto Rico

H.B. 2657

Amends Law 97 of 1973 known as the Mortgage Institutions Act in order to end of ban on mortgage credit obligations with respect to costs, expenses and attorney's fees in case of foreclosure that are in excess of ten percent of the outstanding principal amount; establishes penalties for violation of the provisions.

Puerto Rico

H.B. 2803

Passed House 3/7/16

Creates the Assistance Mortgagor Act in order to require the creditor of a mortgage loan in arrears, before initiating any legal process that can culminate in a lawsuit charging money foreclosure, it is offered to the alternative of mitigating damage only after having completed the process in its completeness, and the mortgagor to know whether or not you qualify for such alternatives, then the mortgagee may commence legal proceedings in the courts of Puerto Rico.

Puerto Rico H.R. 1446

Orders the House Committee on Ways and Means to investigate the level of compliance and good faith actions carried out by banking institutions and/or mortgage investors as part of the processes to loss mitigation foreclosure lawsuits filed in courts.

Puerto Rico

H.R. 1457

Orders the House Committees on Judiciary and Housing and Urban Development to research the state of affairs of the exercise of the action of the right to repurchase, as this is guaranteed by Article 1.425 of Civil Code, for notes to ensure commercial and residential loans as well as the possible interference of this right by the funds with so-called, vultures.

Puerto Rico

S.B. 1045

Amends Law 184 of 2012 in order to exclude a requirement for designation of a view or compulsory mediation session of the presentation of the responsive allegation by the defendant mortgagor.

Puerto Rico

S.B. 1400

Adopts the Law of Property and Registry to create the Digital Land Registry; repeals Law 198 of 1979, as amended, known as the Mortgage Law and the Property Registry and its Regulations.; repeals existing law with regard to statements that create liens on real estate, Foreclosure of Registration Act, lien contributions in favor of the Commonwealth, liens for contributions in favor of the United States; amends existing law known as the Law of Negotiable Instruments and Banking Transactions.

Puerto Rico

S.J.R. 556

Signed by governor 2/9/16, Joint Resolution No. 5

Authorizes the secretary of Housing to dispose of all lots of vacant residential land in administered by the Department of Procurement and Sales Department of Housing communities; authorizes the revision or cancellation of mortgages with balances greater than $1,000; authorizes and provides new sales of vacant or foreclosed properties according to the prices established in the current administrative orders.

Puerto Rico

S.R. 991

Directs the Senate Committee on Sustainable Housing and Communities to study the housing market in Puerto Rico including the number of foreclosed homes on the island each year, the number of people who accepted the mediation mechanism established by Law, known as the Law for Compulsory mediation and Preserving your Home in the Mortgage Foreclosure processes of a Main House, and plans of action at the level of established government, both state and municipal.

Rhode Island

H.B. 7145

This bill imposes a penalty of $2,000 upon financial institutions failing to promptly record foreclosure deeds and pay outstanding taxes. Most holders of a private mortgage would be exempt from the penalty requirements. The bill also requires that foreclosure deeds be recorded within 30 days after the date of the foreclosure sale.

Rhode Island

H.B. 7241

This bill 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

H.B. 7281

Withdrawn at sponsor’s request 3/2/16

This bill requires mortgagees, upon filing notice of intent to foreclose against a mortgagor, to file a copy of that notice with the city or town municipal clerk, and appoint an agent for service of process within the state. Further, the bill requires a mortgagee who initiates a foreclosure proceeding against a residential property located in the municipality, to maintain the property in accordance with state and local housing codes if the property becomes vacant during the foreclosure proceeding.

Rhode Island

H.B. 7391

This bill expedites the foreclosure procedure on vacant property, and amends laws on tax sales in order to, among other things, establish priorities of tax liens, clarify the effect of late recordings and simplify procedures in the event of a void sale.

Rhode Island

H.B. 7259

This bill increases the fines for failing to file a foreclosure deed to $100 per day. The bill also requires mortgagees, upon serving a notice of intent to foreclose against a mortgagor, to file a copy of that notice in the land evidence records of the city or town in which the property is located and designate an agent for service of process within the state.

Rhode Island

H.B. 7532

This bill amends the rules for newspaper publication of notices of condominium lien foreclosure.

Rhode Island

H.B. 7540

This bill amends the rules for the mailing of notices of condominium lien foreclosure by adding a post-sale notice to the unit owner, and grants the unit owner a right of redemption.

Rhode Island

S.B. 2141

This bill expedites the foreclosure procedure on vacant property, and amends the provisions of the general laws on tax sales in order to, among other things, establish priorities of tax liens, clarify the effect of late recordings and simplify procedures in the event of a void sale.

Rhode Island

S.B. 2646

This bill increases the fines for failing to file a foreclosure deed to $100 per day. The act also requires mortgagees, upon serving a notice of intent to foreclose against a mortgagor, to file a copy of that notice in the land evidence records of the city or town in which the property is located and designate an agent for service of process within the state.

South Carolina

H.B. 3360

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

H.B. 2401

Signed by governor 4/19/16

S.B. 2397

Substituted 4/7/16

Revises the notice provisions pertaining to a condominium association when the association forecloses on a lien against a unit owner for assessments levied against the unit.

Texas No regular 2016 session  
Utah

S.B. 22

Signed by governor 3/28/16, Chapter 325

This bill enacts and amends provisions related to foreclosure of residential rental property. This bill: under certain circumstances, allows a preexisting tenant to continue to occupy, for a limited amount of time, a residential rental property after a forced sale at public auction; repeals a sunset provision; eliminates a sunset repeal date; and provides a repeal date for certain sections.

Utah

S.B. 220

Signed by governor 3/25/16, Chapter 305

This bill amends, enacts, and repeals provisions related to non-judicial foreclosure. This bill: amends provisions related to the appointment or resignation of a trustee; enacts provisions related to joinder of a trustee in a legal action against a beneficiary that does not involve the obligations of the trustee under the law or the trust deed; amends provisions related to notice of default; provides that a trustee in a trustee's sale may require a successful bidder to make a deposit; provides that a successful bidder in a trustee's sale who fails to pay the bid amount forfeits the bidder's deposit; provides that a trustee shall provide an unrecorded copy of a signed trustee's deed to a purchaser upon the purchaser's request; amends a provision limiting the time within which a person may bring a non-judicial foreclosure action; amends a provision related to notice of a foreclosure proceeding on a reverse mortgage; and repeals a provision related to notice to a trustor of intent not to defer notice of sale.

Vermont None  
Virginia

S.B. 560

Failed to pass Senate 2/15/16

Provides that, in lieu of newspaper advertisements, foreclosure sales shall be advertised at the courthouse and on the website of the circuit court for the county or city in which the property to be sold is located, and that the clerk shall place a small notice in a newspaper having a general circulation in the city or county in which the property to be sold is located informing the public of the location of such advertisements.

Virgin Islands Not available  
Washington

H.B. 2876

Signed by governor 4/1/16, Chapter 196

Modifies expenditures from the foreclosure fairness account with regard to: (1) The counselor referral hotline; (2) The provision of housing counseling activities to benefit borrowers; (3) The office of the attorney general to be used by the consumer protection division; (4) The office of civil legal aid for contracting with qualified legal aid programs for legal representation of homeowners in matters relating to foreclosure; and (5) The department of commerce for implementation and operation of the foreclosure fairness act.

West Virginia

S.B. 311

Signed by governor 3/29/16

Amends and reenacts §31-17-8 and §31-17-17, all relating to exceptions from certain requirements for certain mortgage modifications or refinancing loans; authorizes exception from certain requirements for mortgage modifications or refinancing loans made in participation with and in compliance with the federal Homes Affordable Modification Program or any other mortgage modification or refinancing loan eligible under any government sponsored enterprise requirements or funded through any federal or state program or litigation settlement; and allows exceptions from nullification or actions brought for certain mortgage modifications or refinancing loans made in participation with and in compliance with the federal Homes Affordable Modification Program or any other mortgage modification or refinancing loan eligible under any government sponsored enterprise requirements or funded through any federal or state program or litigation settlement.

Wisconsin

A.B. 720

Enrolled 3/23/16

Relates to the redemption period and notice of sale applicable to a foreclosure action involving noncommercial property and procedures regarding abandoned property in a foreclosure action

Wyoming None  

 

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Heather Morton is a program principal in NCSL's Fiscal Affairs Program. She covers financial services, alcohol production and sales, and medical malpractice issues for NCSL

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