Vote to pass a bill that amends the mortgage foreclosure process.
Limits to 1 year the time period lienholders may begin to enforce a claim of a deficiency judgment after the foreclosure sale or acceptance of a deed by the mortgagee (Sec. 1).
Requires lienholders to provide documentation of the physical possession of the original promissory note prior to a foreclosure filing (Sec. 2).
Defines “lienholder” as any individual or company that holds a lien including, but not limited to, the following groups (Sec. 5):
Cooperative associations; or
Limits the amount of a deficiency judgment no more than the difference between either the fair market value of the property and the judgment amount or the outstanding debt and the judgment amount in the case of a short sale (Sec. 4).
Specifies that this act will apply to any action to enforce a claim of deficiency judgment commenced on or after July 1, 2012 (Sec. 2).
NOTE: THIS IS A SUBSTITUTE BILL, MEANING THE LANGUAGE OF THE ORIGINAL BILL HAS BEEN REPLACED. THE DEGREE TO WHICH THE SUBSTITUTE BILL TEXT DIFFERS FROM THE PREVIOUS VERSION OF THE TEXT CAN VARY GREATLY.