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FL H1177
Bill
Status
5/3/2013
Primary Sponsor
Mark Danish
Click for details
AI Summary
HB 1177 - Florida Homeowner Bill of Rights Act
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Establishes the Florida Homeowner Bill of Rights Act to regulate mortgage servicer practices regarding loan modifications, foreclosures, and borrower protections.
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Prohibits "dual tracking" by preventing mortgage servicers from pursuing foreclosure while a complete modification application is pending, with exceptions for ineligibility determinations, borrower rejection, or loan modification default.
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Requires mortgage servicers to assign a single point of contact to each borrower seeking loss mitigation assistance, with responsibilities including communicating program information, coordinating document receipt, providing account status updates, and ensuring consideration for all available alternatives.
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Regulates force-placed insurance by requiring servicers to send two notices at least 30 days apart before obtaining coverage, prohibiting charges exceeding 100 percent of insurable value, and mandating refunds within 15 days of receiving proof of borrower's existing coverage.
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Imposes civil penalties of up to $10,000 per incident for robo-signing in foreclosure proceedings and creates a private cause of action for borrowers recovering statutory damages of $1,500-$10,000, actual damages, and attorney fees for material violations; treble damages of up to $50,000 for intentional or reckless violations.
Legislative Description
Mortgage Loan Servicing
Last Action
Died in Insurance and Banking Subcommittee
5/3/2013