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HI SB651
Bill
Status
5/6/2011
Primary Sponsor
Maile Shimabukuro
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AI Summary
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Establishes a temporary mortgage foreclosure dispute resolution program allowing owner-occupants of residential properties to negotiate with mortgagees to avoid or mitigate foreclosure before nonjudicial sales occur.
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Allows owner-occupants to convert nonjudicial foreclosures to judicial proceedings within 30 days of receiving notice, with court oversight of the foreclosure process.
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Implements strict requirements for nonjudicial foreclosures including mandatory notice to mortgagors, restrictions on sale locations (state facilities only), prohibition on deficiency judgments for owner-occupants, and enhanced disclosure requirements.
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Creates a mortgage foreclosure dispute resolution special fund through filing fees ($250 from mortgagees, $300 from mortgagors) and requires mortgage servicers to be licensed and maintain state offices.
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Includes a one-year moratorium on new nonjudicial foreclosures under Part I (effective date to July 1, 2012) and makes the dispute resolution program temporary, sunsetting September 30, 2014.
Legislative Description
Mortgage Foreclosures; Appropriation
Last Action
(H) Act 048, on 5/5/2011 (Gov. Msg. No. 1150).
5/6/2011