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IN HB1341

Bill

Status

Introduced

1/11/2012

Primary Sponsor

Mike Speedy

Click for details

Origin

House of Representatives

2012 Regular Session

AI Summary

  • Defines "interested person" as a mortgage holder whose mortgage is being foreclosed or an owner of real property through a sheriff's deed, and "omitted party" as someone with a junior lien interest who was not properly named as a defendant or served with process in a foreclosure action

  • Allows interested persons or omitted parties to bring civil action at any time to determine the extent of or terminate an omitted party's interest in property that was subject to a judicial sale

  • Requires courts to grant omitted parties redemption rights if they would have been entitled to redeem under existing law, with redemption amount no less than the foreclosure sale price plus interest, payable within 90 days

  • Courts must consider factors including whether the omitted party had actual notice of foreclosure, valuable improvements made by the interested person, and taxes paid when determining equitable redemption terms

  • Protects interested persons' remedies regardless of whether they had notice of the omitted party's interest, were negligent in examining records, or were in the lending business

Legislative Description

Mortgage foreclosures and junior lienholders.

Last Action

First reading: referred to Committee on Judiciary

1/11/2012

Full Bill Text

No bill text available