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MO SB670

Bill

Status

Introduced

1/17/2012

Primary Sponsor

Timothy Green

Click for details

Origin

Senate

2012 Regular Session

AI Summary

  • Establishes a foreclosure dispute resolution program allowing owner-occupants of residential property to elect mandatory mediation with mortgagees to negotiate loan modifications or avoid foreclosure before nonjudicial foreclosure proceeds.

  • Requires mortgagees to file notice of default with the division of finance within three days and pay a $550 filing fee; owner-occupants have 30 days to elect participation in dispute resolution after division notification.

  • Owner-occupants may convert nonjudicial foreclosure to judicial foreclosure by filing a petition within 30 days of receiving notice of default, allowing defenses and claims to be heard in court.

  • Prohibits mortgagees from foreclosing during dispute resolution stays, bona fide loan modification negotiations, federal loan modification program participation, or short sale escrows with offers 5% greater than public sale price.

  • Violations of foreclosure notice requirements and prohibited practices constitute unlawful merchandising practices; mortgagee noncompliance with dispute resolution may result in fines up to $1,500 and foreclosure stays.

Legislative Description

Allows debtors facing nonjudicial foreclosure to chose mediation or judicial foreclosure as alternatives

Last Action

Second Read and Referred S Judiciary and Civil and Criminal Jurisprudence Committee

2/2/2012

Committee Referrals

Judiciary And Civil And Criminal Jurisprudence2/2/2012

Full Bill Text

No bill text available