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MS HB579
Bill
Status
1/30/2018
Primary Sponsor
Adrienne Wooten
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AI Summary
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Establishes an alternative foreclosure-by-advertisement procedure for mortgages on principal residences that requires lenders to provide borrowers with an opportunity to modify their loans before foreclosure proceedings begin.
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Requires lenders to mail borrowers a written notice containing the default amount, lender contact information, a designated contact person authorized to negotiate modifications, and a list of HUD-approved housing counselors before initiating foreclosure.
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Prohibits foreclosure proceedings for 90 days if a borrower requests a meeting within 14 days of receiving notice; borrower must contact a housing counselor to schedule the meeting.
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Requires lenders to evaluate borrowers for loan modifications targeting a housing-debt-to-income ratio of 38% or less, using tools such as interest rate reductions (minimum 3%), loan term extensions (up to 40 years), or deferral of up to 20% of unpaid principal.
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Allows borrowers to file a court action to enjoin foreclosure if required notice was not provided or if they were eligible for modification but foreclosure proceeded in violation of the act; effective July 1, 2018.
Legislative Description
Mortgages; establish alternative foreclosure procedures giving borrowers a chance to modify their loans first.
Last Action
Died In Committee
1/30/2018