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MI HB6340

Bill

Status

Introduced

7/21/2010

Primary Sponsor

Richard Hammel

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Origin

House of Representatives

95th Legislature

AI Summary

  • Authority must provide written notice to borrowers before foreclosing mortgages on principal residences exempt from property tax, including default reasons, amounts due, contact information, and designation of a person authorized to negotiate modifications.

  • Borrowers may request a meeting with designated authority representative within 14 days of notice and may have a housing counselor attend; foreclosure proceedings are stayed for 90 days if a meeting is requested.

  • Authority must evaluate borrowers for loan modifications using a program that targets a housing debt-to-income ratio of 38% or less, achieved through interest rate reduction (minimum 3% floor, 5-year fixed term), extended amortization (up to 40 years), principal deferral (20% or less), or fee reduction.

  • If borrower qualifies for modification but parties do not agree, foreclosure must proceed judicially rather than by advertisement; borrower may file suit to convert advertisement foreclosure to judicial foreclosure if authority violates procedures.

  • Sections 49w through 49aa expire and are repealed effective July 5, 2011.

Legislative Description

Civil procedure; foreclosure; foreclosure of Michigan state housing development authority mortgages; require meeting between lender and borrower before foreclosure by advertisement. Amends sec. 49a of 1966 PA 346 (MCL 125.1449a); adds secs. 49w, 49x, 49y, 49z, 49aa & 49bb & repeals secs. 49w - 49aa of 1966 PA 346 (MCL 125.1449w - 125.1449aa).

State agencies (existing), energy, labor, and economic growth

Last Action

Printed Bill Filed 07/22/2010

7/28/2010

Committee Referrals

Urban Policy7/21/2010

Full Bill Text

No bill text available