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AR SB673

Bill

Status

Passed

5/3/2021

Primary Sponsor

Alan Clark

Click for details

Origin

Senate

93rd General Assembly (2021 Regular)

AI Summary

SB673 Summary

  • Establishes a 30-day deadline for asserting claims or defenses related to violations of statutory foreclosure procedures, after which such claims are forever barred to ensure finality of sales.

  • Prohibits subsequent purchasers for value from being sued regarding fraud or procedural compliance issues, except the mortgagee or trustee may still assert these claims against each other.

  • Allows trustees or mortgagees to set aside a foreclosure sale prior to deed delivery by filing an affidavit with the county recorder, which revives all mortgage or deed of trust terms.

  • Applies retroactively to March 31, 2011, to address instability in the real estate market created by the Davis v. Pennymac Supreme Court decision.

  • Specifies that statutory foreclosure procedures apply only to foreclosures by mortgage companies, banks, or savings and loans, excluding agricultural trust property.

Legislative Description

To Amend The Statutory Foreclosure Act Of 1987.

Last Action

Notification that SB673 is now Act 1108

5/3/2021

Committee Referrals

Judiciary4/21/2021
Judiciary4/12/2021

Full Bill Text

No bill text available