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MO HB1611
Bill
Status
2/1/2012
Primary Sponsor
Jamilah Nasheed
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AI Summary
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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.
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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.
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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.
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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.
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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