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MS HB579

Bill

Status

Failed

1/30/2018

Primary Sponsor

Adrienne Wooten

Click for details

Origin

House of Representatives

2018 Regular Session

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Banking and Financial Services1/8/2018

Full Bill Text

No bill text available