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MO HB922
Bill
Status
3/29/2011
Primary Sponsor
Mary Still
Click for details
AI Summary
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Each circuit court in Missouri counties shall establish a loss mitigation application and residential mortgage foreclosure mediation negotiation program to help mortgagors and mortgagees reach mutually agreeable resolutions
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Mortgagors must receive a 90-day notice to proceed with foreclosure that informs them of the state's mediation process and their right to meet with a HUD-approved counseling agency before judgment entry
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Courts shall assign trained mediators with knowledge of mediation law, community resources, mortgage assistance programs, and FDIC forms; mediation applies only to residential mortgages on one- to four-family owner-occupied properties
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The mortgagee must appear at the negotiation conference with settlement authority (or by telephone/electronic means with authority), and the mortgagor must appear with counsel or HUD counselor; negotiations must address loss mitigation applications, income verification, employment verification, and potential loan restructuring within the 90-day period
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If the mortgagee fails to appear within 90 days, the claim is reissued; if the mortgagor fails to appear, the foreclosure may proceed; the mortgagee must demonstrate benefits of foreclosure versus loan modification and certify all required notices were given
Legislative Description
Requires each circuit court in every county to establish a residential mortgage foreclosure mediation negotiation program to achieve a mutually agreeable resolution to a mortgage foreclosure action
Last Action
Referred: Financial Institutions (H)
4/12/2011