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IN SB0308

Bill

Status

Introduced

1/8/2013

Primary Sponsor

John Broden

Click for details

Origin

Senate

2013 Regular Session

AI Summary

  • Allows local governmental units (counties or municipalities) to file court actions to extinguish mortgage or vendor's liens on abandoned structures that have been abandoned for at least 6 months and present a danger to community health or safety

  • Requires courts to issue a provisional order extinguishing the lien if the governmental unit proves its case by preponderance of evidence, followed by a mandatory stay period of 90-180 days

  • Permits lienholders or property owners to have the provisional order rescinded during the stay period by releasing all liens or demonstrating the structure is no longer abandoned and is habitable

  • Authorizes courts to extend the stay period if repairs are being made in good faith to make the structure habitable

  • Makes final lien extinguishment orders recordable with the county recorder and bars all future suits and actions on the extinguished mortgage or lien; effective date July 1, 2013

Legislative Description

Abandoned structure mortgage liens.

Last Action

Senator Holdman added as second author

1/28/2013

Committee Referrals

Local Government1/8/2013

Full Bill Text

No bill text available