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IN HB1182

Bill

Status

Introduced

1/14/2014

Primary Sponsor

Philip GiaQuinta

Click for details

Origin

House of Representatives

2014 Regular Session

AI Summary

HB 1182 Summary

  • Permits an enforcement authority that has issued an abatement order to file a praecipe (court order) for a sheriff's sale of mortgaged property if the original foreclosing party fails to complete the sale within 180 days after either the judgment and decree filing or three months after the complaint filing, whichever is later.

  • A praecipe for sale may trigger enforcement authority involvement if the original filer cancels the sale and the 180-day period elapses without a sale occurring.

  • Sales triggered by enforcement authorities are prohibited if they are otherwise restricted by law, subject to a voluntary statewide foreclosure moratorium, or covered by a written agreement between the property owner and the party entitled to enforce the judgment.

  • Sheriff's sales must be scheduled within 120 days of receiving the certified judgment and advertised through publication once weekly for three successive weeks, with first publication at least 30 days before the sale date.

  • The sheriff may charge an administrative fee not exceeding $200 for actual costs directly related to administering the sale, payable by the person seeking to enforce the judgment.

Legislative Description

Mortgage foreclosures.

Last Action

First Reading: Referred to Judiciary

1/14/2014

Committee Referrals

Judiciary1/14/2014

Full Bill Text

No bill text available