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MI HB4543

Bill

Status

Passed

12/28/2011

Primary Sponsor

Peter Pettalia

Click for details

Origin

House of Representatives

96th Legislature

AI Summary

  • Requires foreclosing parties to serve borrowers with a written notice at least 30 days before commencing foreclosure, containing default reasons, amount owed, contact information for the mortgage holder/servicer, and borrower rights including the right to request a modification meeting and contact housing counselors.

  • Establishes a 90-day moratorium on foreclosure proceedings if the borrower requests a meeting to negotiate loan modification, and prohibits foreclosure if borrower and lender reach a modification agreement and borrower complies with its terms.

  • Requires lenders to evaluate borrowers for loan modifications using programs targeting a housing debt-to-income ratio of 38% or less, with modification options including interest rate reduction (minimum 3% for 5+ years), loan term extension (up to 40 years), principal deferral (up to 20%), or fee elimination.

  • Restricts housing counselor duties under the foreclosure process to those on a list developed by the Michigan State Housing Development Authority approved by HUD or MSHDA, with criminal penalties for unauthorized practice, except for licensed attorneys providing mortgage assistance.

  • Repeals sections 3205a-3205d effective December 31, 2012, with provisions applying only to foreclosures where the initial notice is mailed on or after February 1, 2012, and contingent on concurrent enactment of HB 4542 and HB 4544.

Legislative Description

Civil procedure; foreclosure; mortgage modification negotiation program procedures; modify. Amends secs. 3205a, 3205b, 3205c, 3205d & 3205e of 1961 PA 236 (MCL 600.3205a et seq.). TIE BAR WITH: HB 4542'11, HB 4544'11

Civil procedure, foreclosure

Last Action

Assigned Pa 302'11 With Immediate Effect

12/28/2011

Committee Referrals

Banking & Financial Institutions12/13/2011
Banking And Financial Services4/13/2011

Full Bill Text

No bill text available