FORECLOSURE-LOSS MITIGATION
Summary
Amends the Mortgage Foreclosure Article of the Code of Civil Procedure. Defines "loss mitigation" as a program or mechanism designed to maximize the opportunity for a mortgagor to retain ownership of the mortgaged real estate and cure delinquencies on his or her mortgage or for a mortgagor and mortgagee to mitigate losses that would result from foreclosure by using alternatives to foreclosure. Provides that a foreclosure complaint shall include a statement as to loss mitigation. Provides that a judgment of foreclosure shall include a finding by the court that the mortgagee has complied with applicable loss mitigation requirements or there are no applicable loss mitigation requirements, and provides that if the court finds that the mortgagee has not complied with applicable loss mitigation requirements, the court shall stay the matter until the court determines that the mortgagee has complied with those requirements. Adds failure by the mortgagee to fulfill applicable loss mitigation requirements as a condition under which the court shall not enter an order confirming a judicial sale.
Bill status
signed
all 5 stages cleared
Introduction
Apr 2010
Committee Review
Apr 2010
House Passage
Apr 2010
Senate Passage
Apr 2010
Signed into Law
Jul 2010
Introduced Apr 6, 2010
Signed Jul 23, 2010
Floor votes · Senate Apr 27, 2010 · House Mar 26, 2010
How they voted
55–0
Passed · 3 other
Total votes 58
Apr 27, 2010
D
Democratic36
91% Yea
R
Republican22
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
52
Key actions
10
Committee
9
Amendments
4
Jul 23, 2010
Signed into law
Governor Approved
lower
Apr 27, 2010
Lower · Passed
Passed Both Houses
lower
Apr 27, 2010
Senate · Passed
Senate Vote: pass (55-0-3)
senate
Apr 14, 2010
Upper · Passed
Do Pass Judiciary; 009-000-000
upper
Apr 6, 2010
Committee
Assigned to Judiciary
upper
Apr 6, 2010
Committee
Referred to Assignments
upper
Apr 6, 2010
Introduced
Arrive in Senate
upper
Mar 26, 2010
House · Passed
House Vote: pass (76-13-23)
house
Mar 25, 2010
Lower · Passed
House Floor Amendment No. 2 Adopted by Voice Vote
lower
Mar 24, 2010
Lower · Passed
House Floor Amendment No. 2 Recommends Be Adopted Judiciary I - Civil Law Committee; 016-000-000
lower
Mar 24, 2010
Lower · Passed
House Floor Amendment No. 2 Rules Refers to Judiciary I - Civil Law Committee
lower
Mar 23, 2010
Committee
House Floor Amendment No. 2 Referred to Rules Committee
lower
Mar 23, 2010
Introduced
House Floor Amendment No. 2 Filed with Clerk by Rep. Deborah L. Graham
lower
Mar 10, 2010
Lower · Passed
Do Pass as Amended / Standard Debate Judiciary I - Civil Law Committee; 009-007-000
lower
Mar 10, 2010
Lower · Passed
House Committee Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
lower
Mar 10, 2010
Introduced
House Committee Amendment No. 1 Filed with Clerk by Judiciary I - Civil Law Committee
lower
Feb 22, 2010
Committee
Assigned to Judiciary I - Civil Law Committee
lower
Feb 9, 2010
Committee
Referred to Rules Committee
lower
0 primary · 5 co-sponsors
Sponsors
No sponsor information available.
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