LIMITATIONS-EQUITABLE MORTGAGE
Summary
Amends the Limitations Article of the Code of Civil Procedure. Provides that an action to establish an equitable mortgage or equitable lien against real estate or a claim for subrogation to a prior mortgage shall be commenced within 10 years after the cause of action accrues. Provides that no person shall commence an action to foreclose any equitable mortgage, equitable lien against real estate, or subrogor's mortgage, unless the action is filed within 10 years after the cause of action accrues. Provides that, with exceptions, a cause of action accrues when the debt held by the equitable mortgagee, equitable lien claimant, or subrogee is in default by way of maturity, acceleration, demand, or otherwise. Provides that the amendatory language is declarative of existing law.
Bill status
failed
3 of 5 stages cleared
Introduction
Feb 2022
Committee Review
Apr 2022
Senate Passage
Feb 2022
House Passage
Governor
Introduced Feb 24, 2022
Last action Jan 10, 2023
Floor votes · Senate Feb 23, 2022
How they voted
47–0
Passed · 4 other
Total votes 51
Feb 23, 2022
D
Democratic34
94% Yea
R
Republican17
88% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
29
Key actions
5
Committee
11
Amendments
1
Apr 11, 2022
Committee
Rule 19(a) / Re-referred to Rules Committee
lower
Apr 11, 2022
Committee
House Floor Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee
lower
Apr 5, 2022
Lower · Passed
House Floor Amendment No. 1 Rules Refers to Judiciary - Civil Committee
lower
Apr 4, 2022
Committee
House Floor Amendment No. 1 Referred to Rules Committee
lower
Apr 4, 2022
Introduced
House Floor Amendment No. 1 Filed with Clerk by Rep. Janet Yang Rohr
lower
Mar 23, 2022
Lower · Passed
Do Pass / Short Debate Judiciary - Civil Committee; 010-005-000
lower
Mar 7, 2022
Committee
Assigned to Judiciary - Civil Committee
lower
Feb 24, 2022
Committee
Referred to Rules Committee
lower
Feb 24, 2022
Introduced
Arrived in House
lower
Feb 23, 2022
Upper · Passed
Third Reading - Passed; 053-000-000
upper
Feb 16, 2022
Upper · Passed
Do Pass Judiciary; 007-000-000
upper
Feb 10, 2022
Upper · Passed
Rule 2-10 Committee Deadline Established As February 18, 2022
upper
Feb 1, 2022
Committee
Assigned to Judiciary
upper
Jan 21, 2022
Committee
Referred to Assignments
upper
2 primary · 0 co-sponsors
Sponsors
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