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Office of the Revisor of Statutes

HF 3420 Senate Long Description

Relating to property

ARTICLE 1 - REGISTRAR OF TITLES

Modifying procedures and fees charged by county registrars of title for registering supplemental declarations of common interest communities

ARTICLE 2 - TRANSFER ON DEATH DEEDS

Providing for conveyance of interests in real property by transfer on death deeds; defining certain terms; modifying certain provisions providing for medical assistance (MA) claims against estates; specifying certain effect on transfer of death deed and rights of creditors, the state and county under certain claims against the state or estates, general assistance, liabilities of estates and medical assistance liens; specifying certain recording requirements and authorization; providing for revocation or modification of transfer on death deeds; specifying form of transfer on death deed and form of instrument of revocation requirements; modifying certain duties of the registrar relating to conveyances

ARTICLE 3 - MISCELLANEOUS REAL PROPERTY

Modifying certain signature requirements for real estate instruments, clarifying application of certain common law doctrine to registered land; clarifying acknowledgments made in a representative capacity; eliminating obsolete language and making other technical and conforming changes

ARTICLE 4 - UNIFORM PROBATE CODE

Modifying provisions to the uniform probate code; clarifying and modifying a certain provision providing for entitlements of spouse in wills; modifying descent of homestead requirements; modifying certain notice to creditors requirements; modifying limitations on presentation of creditors claims

ARTICLE 5 - MORTGAGE FORECLOSURE

Relating to mortgages; modifying conveyance form requirements for acquiring tax statements; expanding homestead exemption limitations to include attorney fee liens; providing for service on judgment debtors for personal property sales; requiring certificates of sale of realty to include interest rate in effect; requiring and providing for residential mortgage foreclosure prevention counseling, specifying certain notification requirements, prescribing counseling forms for preforeclosure notice foreclosure prevention counseling and notice of counseling and request for contact information form; modifying notice of sale service on occupant requirements; modifying foreclosure advice notice contents and sale postponement requirements; providing for foreclosure advice notice to tenants, specifying mortgagor delivery of funds and documents for redemption requirements; modifying creditor redemption provisions and redemption process and fees; modifying mortgage reinstatement proceedings to include certain sheriff requests; modifying purchaser taxes and expenses payment provisions and permitting a penalty for excessive costs; allowing sheriff periodic vacated property inspections; modifying before foreclosure sale publication requirements; removing the sunset for mortgage foreclosure provisions previously enacted
(Ch. 341, 2008)