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MI SB0398

Bill

Status

Passed

7/13/2011

Primary Sponsor

Michael Green

Click for details

Origin

Senate

96th Legislature

AI Summary

  • Extends the sunset date for mortgage loan modification negotiation requirements from January 5, 2012 to the future, allowing continuation of protections requiring lenders to negotiate with borrowers before foreclosure.

  • Maintains restrictions on foreclosure proceedings that require lenders to provide notice to mortgagors and allow time for housing counselor involvement and borrower-requested meetings under section 3205a-3205d.

  • Applies the negotiation requirements only to foreclosure proceedings where the first notice is published after July 5, 2009 and before January 5, 2012.

  • Requires parties foreclosing mortgages to demonstrate either ownership of the debt, interest in the debt, or servicing agent status, and to maintain a record chain of title showing proper assignment.

  • Repeals sections 3205a through 3205d effective January 5, 2012, with the act taking immediate effect upon governor approval on July 1, 2011.

Legislative Description

Civil procedure; foreclosure; mortgage loan modification negotiation program; extend sunset. Amends secs. 3204 & 3205e of 1961 PA 236 (MCL 600.3204 & 600.3205e).

Civil procedure, foreclosure

Last Action

Assigned Pa 0072'11 With Immediate Effect

7/13/2011

Committee Referrals

Banking And Financial Services6/16/2011
Banking & Financial Institutions5/24/2011

Full Bill Text

No bill text available