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IN SB0308
Bill
AI Summary
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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
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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
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Permits lienholders or property owners to have the provisional order rescinded during the stay period by releasing all liens or demonstrating the structure is no longer abandoned and is habitable
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Authorizes courts to extend the stay period if repairs are being made in good faith to make the structure habitable
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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