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MO HB800

Bill

Status

Introduced

3/7/2013

Primary Sponsor

Sharon Pace

Click for details

Origin

House of Representatives

2013 Regular Session

AI Summary

  • Requires foreclosing mortgagees to serve owner-occupants with a detailed notice of default and intention to foreclose at least 60 days before foreclosure, including mortgagee contact information, default description, cure requirements, and housing counselor information.

  • Establishes a foreclosure dispute resolution program within the Division of Finance allowing owner-occupants to elect participation within 30 days of notice to negotiate loan modifications or settlement agreements with mortgagees, with a filing fee of $550.

  • Creates an automatic stay of nonjudicial foreclosure upon opening of a dispute resolution case; requires mortgagee representatives to have authority to negotiate modifications and parties to comply with information requests at least 15 days before scheduled sessions.

  • Permits owner-occupants to convert nonjudicial foreclosures to judicial proceedings by filing a petition within 30 days of notice, with all mortgagors and obligors required to submit to court jurisdiction within 45 days or face dismissal.

  • Prohibits foreclosing mortgagees from conducting sales on unauthorized dates or places, delaying conveyance delivery beyond 45 days, or foreclosing during short sale escrows, loan modification negotiations, or federal loan modification program evaluations; violations constitute unlawful merchandising practices.

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)

3/28/2013

Committee Referrals

Judiciary3/28/2013

Full Bill Text

No bill text available