MTGE FORECLOSE-TENANT NOTICE
Summary
Amends the Code of Civil Procedure. Provides that the homeowner notice attached to the summons in a residential mortgage foreclosure action shall include directions concerning giving written notice to any tenants about the foreclosure and the tenant's right to remain on the premises. Provides that an occupant may file an action for failure to provide notice and recover $200 plus actual damages, attorney's fees, and costs. Provides that a purchaser of property in a foreclosure must give notice to any occupants of the property that he or she has acquired the mortgaged real estate. Provides that a mortgagor in a foreclosure must notify any occupant or potential occupant of the foreclosure action. Provides that the purchaser of property sold at a court foreclosure sale must provide a notice of rights to occupants of the property within 7 days after the confirmation of the sale. Provides that until the rights of possession of all occupants of foreclosed property have been terminated, the purchaser of foreclosed property must maintain the property in a condition that is safe, healthful, and fit for occupancy. Provides that a receiver shall give similar written notices and may not increase the rent without leave of court. Provides that the court may allow a rent increase by a receiver or a mortgagee in possession if it finds that an increase is necessary to operate the property, after notice to all occupants affected by an increase, but nothing in the Act shall alter the lease. Makes other changes. Effective immediately.
Bill status
signed
all 5 stages cleared
Introduction
Apr 2009
Committee Review
May 2009
House Passage
May 2009
Senate Passage
May 2009
Signed into Law
Jul 2009
Introduced Apr 15, 2009
Signed Jul 31, 2009
Floor votes · Senate May 14, 2009 · House May 22, 2009
How they voted
46–0
Passed · 2 other
Total votes 48
May 14, 2009
D
Democratic29
100% Yea
R
Republican19
89% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
70
Key actions
13
Committee
15
Amendments
5
Jul 31, 2009
Signed into law
Governor Approved
lower
May 22, 2009
Lower · Passed
Passed Both Houses
lower
May 22, 2009
Lower · Passed
Senate Committee Amendment No. 1 House Concurs 110-000-000
lower
May 19, 2009
Lower · Passed
Senate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee; 004-000-000
lower
May 18, 2009
Committee
Senate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
lower
May 18, 2009
Lower · Passed
Senate Committee Amendment No. 1 Motion Filed Concur Rep. William D. Burns
lower
May 14, 2009
Introduced
Placed on Calendar Order of Concurrence Senate Amendment(s) 1
lower
May 14, 2009
Introduced
Arrived in House
lower
May 14, 2009
Senate · Passed
Senate Vote: pass (46-0-2)
senate
May 6, 2009
Upper · Passed
Do Pass as Amended Judiciary; 010-000-000
upper
May 5, 2009
Upper · Passed
Senate Committee Amendment No. 1 Adopted
upper
May 5, 2009
Upper · Passed
Senate Committee Amendment No. 1 Assignments Refers to Judiciary
upper
May 4, 2009
Committee
Senate Committee Amendment No. 1 Referred to Assignments
upper
May 4, 2009
Introduced
Senate Committee Amendment No. 1 Filed with Secretary by Sen. Jacqueline Y. Collins
upper
Apr 22, 2009
Committee
Assigned to Judiciary
upper
Apr 15, 2009
Committee
Referred to Assignments
upper
Apr 15, 2009
Introduced
Arrive in Senate
upper
Apr 3, 2009
Lower · Passed
House Floor Amendment No. 1 Adopted by Voice Vote
lower
Apr 2, 2009
Lower · Passed
House Floor Amendment No. 1 Recommends Be Adopted Judiciary I - Civil Law Committee; 013-000-000
lower
Apr 2, 2009
Lower · Passed
House Floor Amendment No. 1 Rules Refers to Judiciary I - Civil Law Committee
lower
Apr 1, 2009
Committee
House Floor Amendment No. 1 Referred to Rules Committee
lower
Apr 1, 2009
Introduced
House Floor Amendment No. 1 Filed with Clerk by Rep. William D. Burns
lower
Mar 11, 2009
Lower · Passed
Do Pass / Short Debate Judiciary I - Civil Law Committee; 017-000-000
lower
Mar 3, 2009
Committee
Assigned to Judiciary I - Civil Law Committee
lower
Feb 26, 2009
Committee
Referred to Rules Committee
lower
0 primary · 5 co-sponsors
Sponsors
No sponsor information available.
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