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CS/CS/HB 213: Mortgage Foreclosures

GENERAL BILL by Judiciary Committee ; Civil Justice Subcommittee ; Passidomo ; Steube ; (CO-INTRODUCERS) Costello ; Moraitis

Mortgage Foreclosures; Reduces limitations period for action to enforce deficiency judgment subsequent to foreclosure; specifies contents of complaint seeking to foreclose on certain types of residential properties with respect to authority of plaintiff to foreclose on note & location of note; provides exception; limits amount of deficiency judgment; expands class of persons authorized to move for expedited foreclosure; provides requirements & procedures for order directed to defendants to show cause why final judgment of foreclosure should not be entered; provides that certain failures by defendant may have specified legal consequences; requires court to enter final judgment of foreclosure & order foreclosure sale; limits restriction requests to order mortgagor defendant to make payments or to vacate premises during foreclosure to all but owner-occupied residential property; provides presumption regarding owner-occupied residential property; establishes expedited foreclosure proceedings for abandoned residential real property; provides application of act.

Effective Date: upon becoming a law
 Last Action: 3/9/2012 Senate - Died in Judiciary
Bill Text: PDF
Senate Committee References:
  1. Judiciary (JU)
  2. Banking and Insurance (BI)


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Bill History

Date Chamber Action
9/26/2011 House • Filed
10/17/2011 House • Referred to Civil Justice Subcommittee; Insurance and Banking Subcommittee; Justice Appropriations Subcommittee; Judiciary Committee -HJ 24
1/10/2012 House • Introduced -HJ 23
1/23/2012 House • PCS on Committee agenda-- Civil Justice Subcommittee, 01/25/12, 8:00 am, 404 HOB
1/25/2012 House • CS by Civil Justice Subcommittee; YEAS 13 NAYS 1 -HJ 300
1/27/2012 House • Pending review of CS under Rule 7.19(c)
• CS by Civil Justice Subcommittee read 1st time -HJ 288
1/30/2012 House • Original reference(s) removed: Insurance and Banking Subcommittee; Justice Appropriations Subcommittee
• CS referred to Economic Affairs Committee; Judiciary Committee -HJ 309
• Now in Economic Affairs Committee -HJ 309
2/6/2012 House • On Committee agenda-- Economic Affairs Committee, 02/08/12, 8:00 am, Reed Hall
2/8/2012 House • Favorable by Economic Affairs Committee; YEAS 12 NAYS 4 -HJ 572
2/9/2012 House • Now in Judiciary Committee -HJ 572
2/20/2012 House • On Committee agenda-- Judiciary Committee, 02/22/12, 8:00 am, 404 HOB
2/22/2012 House • CS/CS by- Judiciary Committee; YEAS 14 NAYS 2 -HJ 814
2/23/2012 House • Pending review of CS -under Rule 7.19(c)
• Placed on Calendar -HJ 812
• CS/CS by Judiciary Committee read 1st time -HJ 795
2/24/2012 House • Placed on Special Order Calendar, 02/28/12
2/28/2012 House • Read 2nd time -HJ 889
• Amendment(s) adopted (013829, 049949, 324783) -HJ 889
• Placed on 3rd reading
2/29/2012 House • Read 3rd time -HJ 934
• Amendment(s) adopted (394099, 563961) -HJ 934
• CS passed as amended; YEAS 94 NAYS 17 -HJ 935
2/29/2012 Senate • In Messages
3/5/2012 Senate • Received -SJ 840
• Referred to Judiciary; Banking and Insurance -SJ 840
3/9/2012 Senate • Died in Judiciary