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MO HB1611

Bill

Status

Introduced

2/1/2012

Primary Sponsor

Jamilah Nasheed

Click for details

Origin

House of Representatives

2012 Regular Session

AI Summary

  • Requires foreclosing mortgagees to serve notice of default and intention to foreclose on owner-occupants of residential property at least 60 days before foreclosure sale, including information about available remedies and local housing counselors.

  • Establishes a foreclosure dispute resolution program within the Division of Finance allowing owner-occupants to elect participation to negotiate loan modifications or settlement agreements with mortgagees, with a stay of foreclosure during the process.

  • Permits owner-occupants to convert nonjudicial (power of sale) foreclosures to judicial foreclosures within 30 days of receiving notice of default, allowing claims and defenses to be considered by a court.

  • Prohibits foreclosing mortgagees from engaging in certain practices including holding sales at wrong times/places, completing foreclosures during loan modification negotiations, and pursuing deficiency judgments after nonjudicial foreclosure of residential property.

  • Establishes the Foreclosure Dispute Resolution Fund, funded by a $550 filing fee per foreclosure notice, to administer the dispute resolution program and requires mortgagees to file notice with the division within three days of serving borrowers.

Legislative Description

Allows a debtor facing nonjudicial foreclosure of real estate under a power of sale to elect to participate in dispute resolution or convert to judicial foreclosure

Last Action

Referred: Judiciary (H)

2/8/2012

Committee Referrals

Judiciary2/8/2012

Full Bill Text

No bill text available