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MN HF1377

Bill

Status

Introduced

3/7/2013

Primary Sponsor

Melissa Hortman

Click for details

Origin

House of Representatives

88th Legislature 2013-2014

AI Summary

  • Requires mortgage servicers and lenders to comply with loss mitigation obligations before initiating foreclosure on owner-occupied residential properties with no more than four dwelling units, effective August 1, 2013 through January 1, 2018.

  • Prohibits "dual tracking" where servicers continue foreclosure proceedings while a borrower's complete loan modification request is pending; servicers may only proceed if borrower is ineligible, rejects the offer, fails to accept within 14 days, or defaults on a modification agreement.

  • Requires servicers to wait until a mortgage loan is more than 120 days delinquent before recording a notice of pendency or lis pendens.

  • Establishes an appeal process allowing borrowers to challenge loan modification denials if the modification request was submitted 90 or more days before the foreclosure sale, with servicer determination within 30 days.

  • Updates foreclosure notice requirements to include contact information for mortgage foreclosure prevention counselors and clarifies affidavit requirements documenting compliance with loss mitigation and anti-dual tracking provisions.

Legislative Description

Mortgage lender and servicer loss mitigation required, and mortgage foreclosure dual tracking prohibited.

Last Action

HF indefinitely postponed

5/17/2013

Committee Referrals

Civil Law3/20/2013
Commerce and Consumer Protection Finance and Policy3/13/2013
Housing Finance and Policy3/7/2013

Full Bill Text

No bill text available