US 2007 Introduced Foreclosure Legislation Resources

US 2007 Introduced Foreclosure Legislation Resources in United States

US 2007 Introduced Foreclosure Legislation Resources

 Alaska H.B. 163
Passed House 5/5/07
Amends provisions for non-judicial foreclosures.
S.B. 18
Amends procedures and other aspects of deed of trust foreclosures, including: postponement of sale; delivery of notice; rescission of sale; and trustee bonds. Requires that notice of the sale of real property on execution also be given on a Web site, and describes the requirements that the Web site must meet to qualify.
 Arizona H.B. 2689
Amends provisions regarding foreclosure.
S.B. 1616
Creates the Mortgage Rescue Fraud Protection Act; regulates foreclosure consultants.
 California A.B. 1538
Existing law creates the California Housing Trust Fund for deposit of certain bond proceeds and other revenues, and provides that the money in the fund is to be used for housing programs, as specified. This bill allows the California Housing Finance Agency to accept donations into the California Housing Trust Fund from public or private sources for the purpose of assisting homeowners to refinance home loans with variable interest rates, under specified circumstances, into stable, fixed rate loan products.
 Connecticut H.B. 7003
Makes lender participation in the Connecticut Housing Finance Authority’s (CHFA) Emergency Mortgage Assistance Program (EMAP) mandatory, rather than elective, if the property and mortgage are eligible. Under the bill, a lender cannot bring a foreclosure action on an existing eligible mortgage unless it first provides notice to the borrower indicating that he has 30 days to (1) confer with the lender or a consumer credit counseling agency about restructuring the repayment schedule and (2) contact CHFA about the program if they are unable to resolve the delinquency or default. Additionally, for mortgages commenced on or after the bill’s passage, the courts cannot approve a foreclosure or order a foreclosure sale started unless the mortgagor fails to respond to the notice or CHFA denies or misses the decision deadline for the application. The bill authorizes up to $5 million in bonds, which the Department of Economic and Community Development must use to fund the program. Additionally, the bill requires CHFA to use all the repaid funds it receives from mortgagors for EMAP. Current law requires the repayments to go into the General Fund.
H.B. 7005
Failed Joint Favorable deadline 3/8/07
Improves statutory protections for unemployed and underemployed homeowners in foreclosure actions, while preserving the rights of foreclosing lenders.
 Delaware H.B. 25
Appropriates funding for a study of foreclosures and consumer protection in Delaware.
S.B. 163
Passed Senate 7/1/07
Enacts the Mortgage Rescue Fraud Protection Act; regulates foreclosure consultants and foreclosure reconveyances in order to protect homeowners in foreclosure from mortgage rescue schemes that deplete the homeowner’s equity; relates to disclosures, contracts, deeds and titles, prohibited acts, and other provisions.
 District of Columbia B17-0101
Signed by mayor, eligible for congressional review 11/27/07, Act A17-0205
Prohibits equity stripping through unscrupulous real property transactions and protects financially distressed homeowners.
 Hawaii H.B. 1332
S.B. 1418
Passed Senate 3/6/07
Creates the Mortgage Rescue Fraud Act; requires distressed property consultants to provide homeowners with a written contract spelling out the services and give them the right to cancel at any time before the services are actually performed.
 Illinois H.B. 2709
Amends the Code of Civil Procedure. Makes a technical change in a section regarding the short title of the Article concerning mortgage foreclosures.
H.B. 4191
Amends Public Act 95-691 (concerning home equity assurance and foreclosure prevention) to provide that it takes effect upon the effective date of this amendatory Act.
H.R. 761
Urges Congress to enact a Homeowners and Banks Protection Act.
S.B. 1674
To Senate for concurrence 5/30/07
Amends the Home Equity Assurance Act. Provides that a governing commission with no less than $4,000,000 in its guarantee fund, may, if authorized by referendum, establish a Foreclosure Prevention Loan Fund to provide low interest emergency loans to eligible applicants that may be forced into foreclosure proceedings. Provides that if a majority of the voters on the public question approve the creation of a Foreclosure Prevention Loan Fund, the commission shall establish the program and administer the program with funds collected under the Guaranteed Home Equity Program, subject to specified conditions. Amends the Mortgage Rescue Fraud Act to change definitions for “distressed property purchaser” and “distressed property conveyance.”
S.B. 1718
Amends the Code of Civil Procedure. Makes a technical change in a section regarding the short title of the Article concerning mortgage foreclosures.
 Indiana H.B. 1213
Allows an enforcement authority to order a first mortgage holder to take certain actions under the unsafe building law with respect to an unsafe building or structure that has been vacated by the owner as the result of a judgment of foreclosure or for which the mortgage debt has been discharged in a bankruptcy proceeding.
H.B. 1464
Provides that persons who are prohibited from bidding at a tax sale are also prohibited from purchasing property at a sheriff’s foreclosure sale.
 Iowa S.F. 521
Withdrawn 4/6/07
Provides that a judgment in an action for the foreclosure of a real estate mortgage is “unenforceable” after the expiration of two years, unless a bankruptcy is filed. Current law provides that a judgment in an action for foreclosure of a real estate mortgage is “extinguished” after two years unless a bankruptcy is filed. Relates to the rescission of a foreclosure action. Under the bill, if a foreclosure action is rescinded by a judgment creditor, and the original mortgage and mortgage note are in the court file, the mortgagor shall pay a $25 fee to the clerk of the district court prior to receiving the original mortgage and mortgage note from the clerk.
 Maryland S.B. 131
Requires persons authorized to make a sale in an action to foreclose a mortgage or deed of trust to post written notice on a specified part of the property to be sold; requires notice to be posted by a specified time before sale of the property.
 Massachusetts H.B. 1237
Creates the Massachusetts Homeownership Protection Program and foreclosure prevention fund.
H.B. 1290
Establishes a home preservation fund to preserve and promote homeownership.
H.B. 1693
Relates to mortgage foreclosure and active duty servicemembers; provides protections.
H.B. 4085
See H.B. 4306 for further action 10/18/07
Draws upon the recommendations of the Mortgage Summit Group. The bill criminalizes mortgage fraud in the Commonwealth; creates a centralized statewide foreclosure database of foreclosure activity to monitor and analyze foreclosures and foreclosure patterns at the Division of Banks; and mandates that mortgage holders file a 90-day notice of intent to foreclose with the homeowner and the Division of Banks. Finally, this bill requires mortgagees to receive consumer counseling prior to obtaining nonconforming variable rate mortgage loans.
H.B. 4306
See H.B. 4387 for further action 11/20/07
Protects and preserves home ownership; provides mortgage protection for existing and new home owners; appropriates funds; regulates licensing of mortgage loan originators and background investigation fees; regulates assignment of mortgage; provides that no mortgagee shall make a subprime loan at a variable or adjustable rate of interest unless the mortgagor opts in writing for the variable or adjustable rate subprime loan and receives certification of loan counseling with a qualified third party; provides that a tenant occupying a dwelling in foreclosure shall be deemed a tenant at will as specified.
S.B. 747
Creates a Home Preservation Fund; provides for a right to cure.
S.B. 2200
Provides procedural protections for homeowners facing foreclosure.
S.B. 2296
Substituted by H.B. 4306 7/24/07
Provides that no mortgagee shall make a subprime loan at a variable or adjustable rate of interest unless the mortgagor opts in writing for the variable or adjustable rate subprime loan and receives certification of loan counseling with a qualified third party; creates a centralized statewide foreclosure database of foreclosure activity to monitor and analyze foreclosures and foreclosure patterns at the Division of Banks; regulates licensing of mortgage loan originators and background investigation fees; criminalizes mortgage fraud in the Commonwealth.
S.B. 2299
Passed Senate 7/26/07
Provides that no mortgagee shall make a subprime loan at a variable or adjustable rate of interest unless the mortgagor opts in writing for the variable or adjustable rate subprime loan and receives certification of loan counseling with a qualified third party; creates a centralized statewide foreclosure database of foreclosure activity to monitor and analyze foreclosures and foreclosure patterns at the Division of Banks; regulates licensing of mortgage loan originators and background investigation fees; criminalizes mortgage fraud in the Commonwealth.
S.B. 2382
Substituted by H.B. 4306 10/25/07
Establishes a program to develop employer assisted housing; ensures responsible mortgage lending practices in the commonwealth; relates to licensure of and criminal background checks for mortgage loan originators; relates to performance ratings of mortgage lenders; relates to subprime lending at variable or adjustable rates; relates to advertising practices of mortgage lenders; relates to breach of a mortgage contract and residential mortgage fraud; relates to real estate appraisal and appraisers; provides for notice procedures when instituting foreclosure procedures; requires the commissioner of Banks to maintain a foreclosure database.
 Michigan H.B. 5298
Provides that if the default of a home loan is cured after the initiation of an action to foreclose the loan and before the court issues a final order of foreclosure, the creditor shall take any steps necessary to terminate the foreclosure proceeding or other action. The cure of a default of a home loan reinstates the borrower to the same position as if the default had not occurred and nullifies any acceleration of any obligation under the security instrument or note arising from the default as of the date of the cure.
H.B. 5340
Relates for foreclosure process; relates to the acceleration of the balance due under a mortgage; prohibit if foreclosure commenced within 18 months after payment default.
H.C.R. 52
Passed House 12/4/07
Calls for changes in state tax and housing policy to deal with urban areas that are subject to high rates of home mortgage foreclosure and tax delinquency.
H.R. 190
Memorializes the Congress of the United States to create the Homeowners and Bank Protection Act.
H.R. 213
Memorializes the Congress of the United States and the United States President to enact H.R. 3648, the Mortgage Forgiveness Debt Relief Act of 2007.
S.B. 749
Provides for the prohibition of foreclosure of mortgages given by certain active military personnel.
S.C.R. 17
Memorializes the Congress of the United States to enact the Homeownership Protection and Enhancement Act of 2007.
 Minnesota H.F. 1225
Relates to commerce; prohibits the sale of certain mortgage information; modifies residential mortgage lending licensing and education requirements; provides examination powers to the commissioner; regulating certain transactions with homeowners whose homes are in foreclosure; prohibits certain predatory mortgage lending practices; regulates recovery for breaches of statutory housing warranties.
 Missouri H.B. 1250
Prohibits any lending institution from foreclosing on a mortgage loan for up to 18 months for any veteran who has applied for disability benefits.
 Nebraska L.B. 123
Enacts the Nebraska Foreclosure Protection Act in order to impose legal restrictions and requirements on “foreclosure consultants” and “equity purchasers” who, if uncontrolled, could take advantage of homeowners in financial distress with deceptive or unconscionable business practices to dispossess them or strip the equity from their homes. The bill’s stated purpose is to: curtail and prevent the most deceptive and unconscionable of these business practices; provide homeowners with information necessary to make an informed and intelligent decision regarding transactions with certain foreclosure consultants and equity purchasers; provide minimum requirements for contracts between such parties, including rights to cancel such contracts; and ensure and foster fair dealing in the sale and purchase of homes in foreclosure.
 New Hampshire H.B. 149
Inexpedient to legislate 3/27/07
Defines a purchaser at a mortgage foreclosure sale and allows a purchaser at a mortgage foreclosure sale to terminate a tenancy of the property by a notice to quit.
H.B. 212
Inexpedient to legislate 3/27/07
Provides the procedure for a lessor, owner, or purchaser at a mortgage foreclosure sale to terminate the tenancy or otherwise recover possession of a property.
 New Jersey A.B. 1186
Ensures that a mortgagor receives notice of a sale, assignment or transfer of a residential mortgage to a new lender so that the mortgagor can direct payments to the appropriate lender. The bill requires that under the “Fair Foreclosure Act,” whenever a mortgage lender initiates a foreclosure or other legal action to take possession of residential real property and the lender purchased the mortgage from a previous lender – a “selling servicing organization”-  the lender must include a certain declaration in the notice of intention to foreclose. The declaration must state that the selling servicing organization notified the mortgagor of the sale, assignment or transfer by certified mail, return receipt requested, not less than 15 days prior to the effective date of the transfer. The bill also requires that whenever a lender sells, assigns or transfers the servicing of a mortgage loan for which an escrow account has been established, the lender must notify the mortgagor, by certified mail, return receipt requested, not less than 15 days before the effective date of the transfer.
A.B. 1458
S.B. 1233
Creates the New Jersey Servicemembers’ Civil Relief Act of 2005 and repeals the New Jersey Soldiers’ and Sailors’ Civil Relief Act of 1979 (C.38:23C-1 et seq.). The purpose of the bill is to update and modernize the benefits and protections afforded to individuals serving on active duty in the military. No benefits or protections are reduced in this bill. Additionally, the bill includes a provision to reduce to six percent interest rates on an obligation or liability incurred by a person on active duty. This provision mirrors a section in the federal Servicemembers Civil Relief Act, Public Law 108-189.
A.B. 3157
Provides uniform procedure for sheriffs to provide certain surplus notices in mortgage foreclosure actions.
A.B. 3176Combined with A.B. 3157 12/7/06
Amends the “Fair Foreclosure Act” to require a uniform procedure for each sheriff’s office in the state to provide notices to debtors in mortgage foreclosure actions as to surpluses from the sale of their properties. Surpluses that remain unclaimed escheat to the state under the “Uniform Unclaimed Property Act.”
A.B. 3588
S.B. 2694
Supplements the “Fair Foreclosure Act,” P.L.1995, c.244 (C.2A:50-53 et seq.) by applying a statute of limitations to residential mortgage foreclosure actions. The bill is intended to address some of the problems caused by the presence on the record of residential mortgages which have been paid or which are otherwise unenforceable. These mortgages constitute clouds on title which may render real property titles unmarketable and delay real estate transactions. The bill provides that a foreclosure action must be commenced by the earliest of: (1) five years from the date of maturity; (2) 25 years from the date of recording or execution, provided that the mortgage itself does not provide for a period of repayment in excess of 20 years; or (3) 20 years from the date of default by the debtor. Thus, the bill allows title examiners to determine that a mortgage which on its face has matured more than five years ago or which was recorded more than 25 years ago is not a cloud on title because an action can no longer be brought to foreclose it. The bill also codifies the holding in Security National Partners Limited Partnership v. Mahler, 336 N.J. Super. 101 (App. Div. 2000), which applied a 20-year statute of limitations to a residential mortgage foreclosure action based on a default due to nonpayment. In its decision, the court noted that since there is no statute of limitations expressly applicable to mortgage foreclosures in these situations, courts have resorted to drawing analogies to adverse possession statutes which bar rights of entry onto land after 20 years. This bill would resolve the uncertainties surrounding this area of law by providing a specific statute of limitations of 20 years from the date of the default by the debtor.
A.B. 4214
S.B. 2876
This bill, the “Foreclosure Rescue Fraud Prevention Act,” requires foreclosure consultants and distressed property purchasers, who contract with owners of residential properties in financial distress, to adhere to certain practices in providing foreclosure prevention services to owners. The bill requires a foreclosure consultant to post a bond with the Division of Consumer Affairs prior to conducting any business in the state. In addition, the bill provides certain contract rights for owners of a financially distressed residential property, as defined in the bill, who contract with foreclosure consultants, including requirements that:  (1) the contract for foreclosure consulting services must be in writing and must contain certain disclosures and notice requirements in 14-point boldface type; and (2) the owner has a right to cancel the foreclosure consulting contract at any time until after the foreclosure consultant has fully performed every service the consultant contracted to perform. The bill also prohibits certain practices by foreclosure consultants, including: (1) collecting any fee prior to the completion of all agreed upon services, unless compensation for partial performance is expressly agreed upon in the contract; and (2) collecting fees in excess of certain limits as described in the bill. In situations in which there is a distressed property conditional conveyance, whereby an owner transfers the distressed property to a distressed property purchaser, occupies the property, and retains an option to purchase the property back from the purchaser, or a distressed property conveyance, whereby an owner simply transfers the distressed property to a distressed property purchaser, the bill provides certain contract rights to owners, including requirements that: (1) the contract be in writing and include certain notices and disclosures in 14-point boldface type; and (2) the owner has a right to cancel the contract during certain periods as described in the bill. As to distressed property conditional conveyances, the bill places certain obligations on distressed property purchasers, including requirements to: (1) verify that the owner has a reasonable ability to pay for a subsequent conveyance of title back to the owner; (2) ensure that the owner is paid at least 82 percent of the property’s fair market value in consideration for the owner’s conveyance of title, or transfer of a beneficial interest through a trust, to the distressed property purchaser; and (3) provide to the owner, prior to a distressed property conditional conveyance, a disclosure statement that includes all costs the owner will incur in connection with the conveyance and any option for the owner to purchase the property back from the purchaser. As to distressed property conveyances, the bill places certain obligations on distressed property purchasers, including a requirement that the owner is paid at 82 percent of the property’s fair market value in consideration of the owner’s transfer of title to the distressed property purchaser. For a violation of the bill’s provisions, the bill provides for a civil penalty of not more than $10,000 for the first offense, and not more than $20,000 for the second and each subsequent offense, which penalty may be collected in a summary proceeding pursuant to the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.). The bill provides that any person who violates any provision of the bill is guilty of a crime of the third degree. A person who violates any provision of the bill in connection with a pattern of foreclosure rescue fraud or a conspiracy or endeavor to engage in a pattern of foreclosure rescue fraud is guilty of a crime of the second degree. The bill also provides that any distressed property conditional conveyance or distressed property conveyance involving the transfer of an interest in fee or a beneficial interest through a trust document, which is made in violation of any provision of the bill, is voidable and the transfer may be rescinded by the owner within two years of the date of the transfer. In addition, the bill provides that an owner may bring an action in Superior Court against a foreclosure consultant or a distressed property purchaser for any violation of the bill’s provisions, for treble damages, attorney’s fees, costs of suit and appropriate equitable relief. If an owner commences such an action, the owner may: (1) cause a notice of lis pendens to be filed in the office of the county clerk in the county in which the property is located, pursuant to N.J.S.2A:15-6 et seq.; and (2) introduce or provide as evidence in the action, any contemporaneous oral agreements or representations made to the owner by any party to a foreclosure consultant contract or distressed property conveyance contract signed by the owner. Finally, the bill provides that the director of the Division of Consumer Affairs, within the Department of Law and Public Safety, in consultation with the commissioner of Banking and Insurance, shall enforce the provisions of the bill, and may promulgate regulations necessary to effectuate the purposes of the bill.
A.B. 4307
S.B. 2705
Authorizes and requires the New Jersey Housing and Mortgage Finance Agency to develop a program to offer low and moderate income borrowers whose residential mortgage loans meet the criteria set forth for “high-cost home loans” the opportunity to refinance those high-cost home loans as lower interest fixed-rate loans. The bill authorizes the agency to borrow money or secure credit and issue negotiable bonds and secure the payment thereof in an amount not to exceed $500,000,000 to be placed in a dedicated fund and used exclusively for the purpose of making loans to refinance high-cost home loans. The bill allows the agency to establish a priority system for the making of loans pursuant to this section utilizing factors such as income, need, ratio of income to mortgage payments, and likelihood of pending foreclosure, and also to establish different maximum income levels for eligibility in the program for residents of different counties. Loans awarded pursuant to this section shall be fixed-rate loans and shall be awarded for a maximum term of 40 years.
S.B. 2699
This bill, the “Foreclosure Consulting and Anti-Fraud Act,” clarifies the existing scope and provisions of P.L.1979, c.16 (C.17:16G-1 et seq.), concerning debt adjustment and credit counseling activities, with respect to certain foreclosure consulting practices. It clarifies that under this existing law, foreclosure consultants who, directly or indirectly, solicit, offer to perform, or perform debt adjustment or credit counseling activities for property owners facing foreclosure, in order to assist such owners regarding their ability to retain ownership or possession of the property, are required to be licensed in this state as debt adjusters; only nonprofit social service agencies or nonprofit consumer credit counseling agencies may be licensed as debt adjusters under the current law. The bill also provides the commissioner of Banking and Insurance with additional regulatory authority to oversee foreclosure consulting activities as well as other debt adjustment and credit counseling activities in this state. Such regulatory authority includes: 1) permitting the commissioner to establish licensing requirements for any agent, officer, or employee of a debt adjuster, or any category of agent, officer, or employee, which may include disqualifications based upon standards of good moral character; and 2) permitting the commissioner, as part of any licensing application, to require the applicant, or any category or applicants, to consent to a criminal history record background check, and any additional background check as deemed appropriate. While the commissioner is already authorized to request an annual report from any debt adjuster concerning that adjuster’s activities conducted in the preceding calendar year, the bill emphasizes that the commissioner may also collect information from a debt adjuster encompassing only one or more particular activities, such as those activities primarily performed with respect to foreclosure consulting. Concerning penalties for violations of the applicable debt adjustment and credit counseling law, the bill would now permit any person to bring an action for punitive damages, as well as receive attorney’s fees and costs of suit. Additionally, the bill clarifies the law’s penalty provisions by emphasizing that the commissioner’s existing authority to enjoin, in addition to any licensed debt adjuster, “any other person concerned or in any way participating in” a violation of the law, includes, with respect to foreclosure consulting activities, which activities may include a conveyance of the property, any mortgage banker, mortgage broker, or other licensee pursuant to the “New Jersey Licensed Lenders Act,” P.L.1996, c.157 (C.17:11C-1 et seq.), any real estate broker or other licensee pursuant to R.S.45:15-1 et seq., or any real estate appraiser licensed or certified pursuant to the “Real Estate Appraisers Act,” P.L.1991, c.68 (C.45:14F-1 et seq.).
 New Mexico H.B. 641
Relates to real property; designating priority and time periods for redemption rights after judicial foreclosure.
 New York A.B. 3087
Authorizes loans to distressed homeowners whose homes are subject to a mortgage that is either in danger of being foreclosed or that is in the process of being foreclosed due to a default in the terms of the mortgage; requires written disclosure by the investor to the distressed homeowner.
A.B. 3413
Increases the fees paid to foreclosure referees.
A.B. 6419
Requires a mortgagee or lienor who institutes proceedings to foreclose, to have a receiver appointed and ordered to enter into an agreement with the appropriate agency to repair and correct violations of housing maintenance laws, or alternatively to take possession of the premises themselves and enter into a repair agreement with the city agency to prevent the agency from taking title to an abandoned building.
A.B. 6984
S.B. 4051
Requires that notice of foreclosure be served upon all tenants of the building that is being foreclosed.
A.B. 7983
Provides that mortgagees be provided with additional notice when foreclosure actions have been commenced.
A.B. 8605
Provides a home owner in a foreclosure preceding who is financially unable to obtain counsel with the right to assigned counsel by the court.
A.B. 8881
Prevents financial institutions from foreclosing on certain subprime mortgages in this state for a certain period of time; creates a temporary state commission to be known as the commission on foreclosures due to deceptive subprime lending practices.
A.B. 8968
Enacts the “Access to Justice in Lending Act”; relates to a mortgagor’s right to recover attorney’s fees in actions or proceedings arising out of foreclosures of residential property; provides reciprocal attorney’s fees.
S.B. 4850
Provides that the judgment of sale in a mortgage foreclosure action shall direct that in the event such premises is purchased collectively by more than one individual, the names of each individual purchaser shall be disclosed in writing to the sheriff of the county or referee conducting the sale.
S.B. 4851
Provides that the judgment of sale in a mortgage foreclosure action shall direct that payment by the purchaser be made by means of a bank officer’s check or certified check.
S.B. 5188
Relates to foreclosure consultant abuse prevention; regulates the practices and services of persons engaging in activities relating to home loan defaults and mortgage foreclosures.
S.B. 5935
Establishes the rural homeowners assistance program for assisting first time, low or moderate income, or minority homeowners from foreclosure by authorizing and directing the commissioner of state division of housing and community renewal to enter into contracts with neighborhood preservation companies to provide such assistance to residents in certain rural communities.
S.B. 5936
Establishes the urban homeowners assistance program to assist first time, low or moderate income, or minority homeowners avoid foreclosure by authorizing and directing the commissioner of the state division of housing and community renewal to enter into contracts with neighborhood preservation companies to provide for such assistance to residents in certain urban communities.
S.B. 6454
Allows modifications reducing federal adjusted gross income for the purposes of tax on personal income for amounts considered by the United States internal revenue service to be debt forgiveness regarding the sale by foreclosure proceeding of any taxpayer’s primary residence.
 Ohio H.B. 138
Enact §2329.271 of the Revised Code to require purchasers of real property at a judicial sale to provide certain identifying information, allows municipal corporations to conduct inspections of property subject to a writ of execution, requires judicial sales to be confirmed within 30 days of sale, requires officers who sell real property at a judicial sale to file a deed within 14 days of confirmation, authorizes courts and county boards of revision to transfer certain tax delinquent lands subject to judicial foreclosure without appraisal or sale, permits a summary property description to be read at a judicial sale, and offers property that did not sell at a judicial sale to a political subdivision before forfeiture to the state.
H.B. 359
Extends to all counties the authority to utilize surplus delinquent tax collections to facilitate nuisance abatement of deteriorated residential buildings in foreclosure and to terminate the temporary authority of a county with a population exceeding 1.2 million to use such collections to prevent residential mortgage foreclosures.
H.B. 386
Prohibits a creditor within 18 months of the person’s release from active duty from initiating a mortgage foreclosure against a person who is a veteran who has made a claim for disability benefits and forgives Ohio court costs for veterans seeking civil damages in an Ohio court for denial of rights.
H.B. 388
Extends to all counties the authority to utilize surplus delinquent tax collections to prevent residential mortgage foreclosures and to facilitate nuisance abatement of deteriorated residential buildings in foreclosure.
H.C.R. 24
Memorializes the Congress of the United States to pass the Mortgage Cancellation Relief Act of 2007.
 Pennsylvania H.B. 39
Provides for the Homeowner’s Emergency Assistance Program; and provides for biennial foreclosure study.
H.B. 40
Provides for prohibited acts and practices with respect to residential mortgages; further provides for attorney fees; and provides for foreclosure and other legal actions.
H.B. 1083
Provides for the Homeowner’s Emergency Assistance Program, for notice and institution of foreclosure proceedings, for notice requirements, for assistance payments and for repayment; and provides for an ongoing foreclosure study.
H.R. 418
Memorializes Congress to take emergency action to protect homeowners and banks and enact a Homeowners and Banks Protection Act.
S.B. 486
Provides for the Homeowner’s Emergency Assistance Program, for notice and institution of foreclosure proceedings, for notice requirements, for assistance payments and for repayment; and provides for an ongoing foreclosure study.
 Rhode Island H.B. 5322
Establishes evidence of the fair market value of a foreclosed premises as a set off against a deficiency action filed by the mortgagee against the mortgager.
 South Carolina S.B. 565
Amends §29-3-680, as amended, relating to application for an order of appraisal in connection with a foreclosure proceeding, so as to provide that the statutory right to appraisal pursuant to application to the court must not be waived by a debtor, maker, borrower, guarantor, or other obligor, and to provide that a creditor who elects to seek a personal judgment on the underlying debt as opposed to a foreclosure of the mortgage may recover only the difference between the statutory appraised value and the amount due on the debt.
 Texas S.B. 645
Passed Senate 6/19/07
Relates to a study of residential foreclosures in certain counties.
 Wisconsin A.B. 568
Addresses foreclosure reconveyances and foreclosure consultants.
S.B. 298
Addresses foreclosure reconveyances and foreclosure consultants.
 Wyoming H.B. 308
Passed House 2/7/07
Provides for forcible entry and detainer actions upon foreclosure of executory contracts for the purchase of real property as specified.

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