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MO HB922

Bill

Status

Introduced

3/29/2011

Primary Sponsor

Mary Still

Click for details

Origin

House of Representatives

2011 Regular Session

AI Summary

  • 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

  • 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

  • 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

  • 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

  • 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

Committee Referrals

Financial Institutions4/12/2011

Full Bill Text

No bill text available