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MO SB670
Bill
Status
1/17/2012
Primary Sponsor
Timothy Green
Click for details
AI Summary
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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.
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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.
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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.
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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.
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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