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FL H1177

Bill

Status

Failed

5/3/2013

Primary Sponsor

Mark Danish

Click for details

Origin

House of Representatives

2013 Regular Session

AI Summary

HB 1177 - Florida Homeowner Bill of Rights Act

  • Establishes the Florida Homeowner Bill of Rights Act to regulate mortgage servicer practices regarding loan modifications, foreclosures, and borrower protections.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Insurance And Banking Subcommittee3/6/2013

Full Bill Text

No bill text available