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MO SB336

Bill

Status

Introduced

2/18/2013

Primary Sponsor

Gina Walsh

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Origin

Senate

2013 Regular Session

AI Summary

SB 336 Summary

  • Establishes a foreclosure dispute resolution program allowing owner-occupants of residential property to elect mediation before nonjudicial foreclosure proceeds, with sessions facilitated by neutral parties assigned by the division of finance.

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

  • Allows owner-occupants to convert nonjudicial foreclosure to judicial foreclosure within 30 days of receiving notice of default, enabling court consideration of claims and defenses.

  • Prohibits mortgagees from completing foreclosure during short sale escrows (if offer is 5% greater than sale price), bona fide loan modifications, or while mortgagors are being evaluated for federal loan modification programs.

  • Establishes penalties including fines up to $1,500 and foreclosure stays for mortgagee noncompliance; violations constitute unlawful merchandising practices under Missouri law.

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

2/28/2013

Committee Referrals

Judiciary And Civil And Criminal Jurisprudence2/28/2013

Full Bill Text

No bill text available