| 1 | Representative(s) Porth offered the following: |
| 2 |
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| 3 | Amendment |
| 4 | Remove line(s) 70-114 and insert: |
| 5 | (1) FINAL JUDGMENT SALE BY CLERK.-- |
| 6 | (a) In the order or final judgment, the court shall direct |
| 7 | the clerk to sell the property at public sale on a specified day |
| 8 | that shall be not less than 20 days or more than 35 days after |
| 9 | the date thereof, on terms and conditions specified in the order |
| 10 | or judgment. A sale may be held more than 35 days after the date |
| 11 | of final judgment or order if the plaintiff or plaintiff's |
| 12 | attorney consents to such time. The final judgment shall contain |
| 13 | the following statement in conspicuous type: |
| 14 |
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| 15 | IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE MAY BE |
| 16 | ADDITIONAL MONEY FROM THE SALE AFTER PAYMENT OF PERSONS WHO ARE |
| 17 | ENTITLED TO BE PAID FROM THE SALE PROCEEDS PURSUANT TO THIS |
| 18 | FINAL JUDGMENT. |
| 19 |
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| 20 | IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO FUNDS |
| 21 | REMAINING AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK |
| 22 | NO LATER THAN 60 DAYS AFTER THE SALE. IF YOU FAIL TO FILE A |
| 23 | CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS. |
| 24 |
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| 25 | (b) If the property being foreclosed on has qualified for |
| 26 | the homestead tax exemption in the most recent approved tax |
| 27 | roll, the final judgment shall additionally contain the |
| 28 | following statement in conspicuous type: |
| 29 |
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| 30 | IF YOU ARE THE PROPERTY OWNER, YOU MAY CLAIM THESE FUNDS |
| 31 | YOURSELF. YOU ARE NOT REQUIRED TO HAVE A LAWYER OR ANY OTHER |
| 32 | REPRESENTATION AND YOU DO NOT HAVE TO ASSIGN YOUR RIGHTS TO |
| 33 | ANYONE ELSE IN ORDER FOR YOU TO CLAIM ANY MONEY TO WHICH YOU ARE |
| 34 | ENTITLED. PLEASE CHECK WITH THE CLERK OF THE COURT, [INSERT |
| 35 | INFORMATION FOR APPLICABLE COURT] WITHIN TEN (10) DAYS AFTER THE |
| 36 | SALE TO SEE IF THERE IS ADDITIONAL MONEY FROM THE FORECLOSURE |
| 37 | SALE THAT THE CLERK HAS IN THE REGISTRY OF THE COURT. |
| 38 |
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| 39 | IF YOU DECIDE TO SELL YOUR HOME OR HIRE SOMEONE TO HELP YOU |
| 40 | CLAIM THE ADDITIONAL MONEY, YOU SHOULD READ VERY CAREFULLY ALL |
| 41 | PAPERS YOU ARE REQUIRED TO SIGN, ASK SOMEONE ELSE, PREFERABLY AN |
| 42 | ATTORNEY WHO IS NOT RELATED TO THE PERSON OFFERING TO HELP YOU, |
| 43 | TO MAKE SURE THAT YOU UNDERSTAND WHAT YOU ARE SIGNING AND THAT |
| 44 | YOU ARE NOT TRANSFERRING YOUR PROPERTY OR THE EQUITY IN YOUR |
| 45 | PROPERTY WITHOUT THE PROPER INFORMATION. IF YOU CANNOT AFFORD TO |
| 46 | PAY AN ATTORNEY, YOU MAY CONTACT (INSERT LOCAL OR NEAREST LEGAL |
| 47 | AID OFFICE AND TELEPHONE PHONE NUMBER) TO SEE IF YOU QUALIFY |
| 48 | FINANCIALLY FOR THEIR SERVICES. IF THEY CANNOT ASSIST YOU, THEY |
| 49 | MAY BE ABLE TO REFER YOU TO A LOCAL BAR REFERRAL AGENCY OR |
| 50 | SUGGEST OTHER OPTIONS. IF YOU CHOOSE TO CONTACT (NAME OF LOCAL |
| 51 | OR NEAREST LEGAL AID OFFICE) FOR ASSISTANCE, YOU SHOULD DO SO AS |
| 52 | SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE. |
| 53 |
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| 54 | (c) A copy of the final judgment shall be furnished by the |
| 55 | clerk by |