HB 1689 Summary

• Authorizes courts to issue orders allowing mortgagees to protect and preserve abandoned or vacated properties during foreclosure proceedings when property faces physical deterioration, public safety risks, or legal liability from liens and violations.

• Requires sheriffs to physically inspect properties within 3 days of receiving a foreclosure protection request, determine occupancy status, and post or serve hearing notices; includes compensation for sheriff's inspection services.

• Establishes court hearing procedures requiring at least 15 days' notice before hearing, testimony from parties, and review of sheriff's inspection report; denies protection orders only if defendant appears and proves property is occupied and being properly maintained.

• Grants mortgagees authority to take possession and secure protected properties pending foreclosure without liability, and requires inventory of personal property remaining on premises.

• Allows court orders protecting properties to be vacated upon motion if property is proven not abandoned or was lawfully occupied at time of order, and clarifies such orders do not affect parties' other rights or remedies in foreclosure litigation.