Minnesota Legislature
HF 83
as introduced - 88th Legislature (2013 - 2014) Posted on 01/14/2013 02:38pm
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A bill for an act
relating to mortgage foreclosure; requiring notice of rights of military service
members; requiring the lender to provide a single point of contact; prohibiting a
mortgage lender from beginning or continuing a foreclosure proceeding while
considering a request by a borrower for a mortgage modification; requiring that
the mortgage lender participate in and pay for mediation if the borrower requests
mediation; amending Minnesota Statutes 2012, sections 580.03; 580.041,
subdivisions 1b, 2; proposing coding for new law in Minnesota Statutes, chapter
580.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2012, section 580.03, is amended to read:
580.03 NOTICE OF SALE; SERVICE ON OCCUPANT.
Six weeks' published notice shall be given that such mortgage will be foreclosed by
sale of the mortgaged premises or some part thereof, and at least four weeks before the
appointed time of sale a copy of such notice shall be served in like manner as a summons
in a civil action in the district court upon the person in possession of the mortgaged
premises, if the same are actually occupied. If there be a building on such premises used
by a church or religious corporation, for its usual meetings, service upon any officer or
trustee of such corporation shall be a sufficient service upon it. The notices required
by sections 580.041 and 580.042 must be served simultaneously with the notice of
foreclosure required by this section.
new text begin
The notice required under this section may not be published or served upon the
person in possession of the mortgaged property until 15 days after the mortgage lender has
sent the borrower a statement that if the borrower is a service member, or a dependent of
a service member, the borrower may be entitled to certain protections under the federal
Servicemembers Civil Relief Act, United States Code, title 50, section 501, regarding the
service member's interest rate and the risk of foreclosure, and counseling for covered
service members that is available at agencies such as Military OneSource and Armed
Forces Legal Assistance.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2013, and applies to
foreclosures commenced on or after that date.
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Sec. 2.
Minnesota Statutes 2012, section 580.041, subdivision 1b, is amended to read:
Subd. 1b.
Form and delivery of foreclosure advice notice.
The foreclosure advice
notice required by this section must be in 14-point boldface type and must be printed on
colored paper that is other than the color of the notice of foreclosure required by sections
580.03 and 580.04 and the notice of redemption rights required by this section, and that
does not obscure or overshadow the content of the notice. The title of the notice must
be in 20-point boldface type. The notice must be on its own page. The foreclosure
advice notice required by this section must be delivered with the notice of foreclosure
required by sections 580.03 and 580.04. The foreclosure advice notice required by this
section also must be delivered with each subsequent written communication regarding the
foreclosure mailed to the mortgagor by the foreclosing party up to the day of redemption.
A foreclosing mortgagee will be deemed to have complied with this section if it sends
the foreclosure advice notice required by this section at least once every 60 days during
the period of the foreclosure process. The foreclosure advice notice required by this
section must not be published.
new text begin
The foreclosure advice notice must provide the homeowner with a single point
of contact with the lender, consisting of an employee or department of the lender, that
must be specified in the foreclosure advice notice. The point of contact must have the
authority to perform specific relevant responsibilities, know the borrower's situation and
current status, provide accurate information to the borrower, and coordinate all documents
associated with the borrower's foreclosure prevention alternatives.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2013, and applies to
foreclosures commenced on or after that date.
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Sec. 3.
Minnesota Statutes 2012, section 580.041, subdivision 2, is amended to read:
Subd. 2.
Content of foreclosure advice notice.
The foreclosure advice notice
required by this section must appear substantially as follows:
"Help For Homeowners in Foreclosure
|
The attorney preparing this foreclosure is:
. |
||
| (Attorney name, address, phone) |
||
| It is being prepared for: |
||
|
.
|
||
| (Lender name, deleted text begin loss mitigationdeleted text end new text begin name of employee or department of lender that serves as a single point of contact for homeowner to contact,new text end phone numbernew text begin for that employee or department of lendernew text end ) |
||
AS OF [insert date], this lender says that you owe $[insert dollar amount] to bring
your mortgage up to date (or "reinstate" your mortgage). You must pay this amount,
plus interest and other costs, to keep your house from going through a sheriff's sale.
The sheriff's sale is scheduled for [insert date] at [insert time] at [insert place].
Mortgage foreclosure is a complex process. People may contact you with advice and
offers to help "save" your home.
Remember: It is important that you learn as much as you can about foreclosure and
your situation. Find out about all your options before you make any agreements with
anyone about the foreclosure of your home.
Getting Help
As soon as possible, you should contact your lender at the above number to talk
about things you might be able to do to prevent foreclosure. You should also
consider contacting the foreclosure prevention counselor in your area. A foreclosure
prevention counselor can answer your questions, offer free advice, and help you
create a plan which makes sense for your situation.
Contact the Minnesota Home Ownership Center at 651-659-9336 or 866-462-6466
or www.hocmn.org or contact the United States Department of Housing and Urban
Development at 1-800-569-4287 or www.hud.gov to get the phone number and
location of the nearest certified counseling organization. Call today. The longer you
wait, the fewer options you may have for a desirable result."
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2013, and applies to
foreclosures commenced on or after that date.
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Sec. 4.
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[580.043] MORTGAGE FORECLOSURE DUAL TRACKING
PROHIBITED.
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new text begin Subdivision 1. new text end
new text begin Definitions. new text end
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(a) For purposes of this section, the terms defined
in this section have the meanings given.
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(b) "Dual tracking" means a lender beginning or continuing a mortgage foreclosure
under this chapter while the lender is considering a request by the borrower for a
modification of the mortgage loan.
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(c) "Mortgage lender" means an entity that is responsible for interacting with
the borrower, including managing the loan account on a daily basis, such as collecting
and crediting periodic loan payments, managing an escrow account, or enforcing the
promissory note and mortgage, either as the current owner of the promissory note or
as the current owner's authorized agent.
new text end
new text begin
(d) "Borrower" means the individual or entity that is liable on the promissory note
secured by the mortgage, except that the term does not include:
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(1) a person who has surrendered the mortgaged property, as evidenced by either a
letter or other written notice confirming the surrender or by delivery of the keys to the
property to the mortgage lender or authorized agent; or
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(2) a person who has filed a bankruptcy case under United States Code, title 11,
chapter 7, 11, 12, or 13, and the bankruptcy court has not entered an order closing or
dismissing the bankruptcy case or granting relief from a stay of foreclosure.
new text end
new text begin
(e) "Loan modification request" means a written request from a borrower to the
borrower's mortgage lender for a modification of the borrower's mortgage loan in order
to prevent an anticipated foreclosure or to suspend or terminate a foreclosure that is in
progress.
new text end
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(f) "Complete loan modification request" means a loan modification request that
contains all information required by the mortgage lender to determine eligibility for a
loan modification.
new text end
new text begin Subd. 2. new text end
new text begin Applicability. new text end
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This section applies to mortgage foreclosures on the basis
specified in section 580.041, subdivision 1a.
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new text begin Subd. 3. new text end
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Prohibition; dual tracking; continuation or commencement of
foreclosure after receipt of loan modification request.
new text end
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(a) Upon receipt by a mortgage
lender of a loan modification request from a borrower regarding a mortgage loan for
which the mortgage lender is responsible, the mortgage lender shall defer beginning a
foreclosure for 60 days or, if a foreclosure of the mortgage loan is in progress, stop the
foreclosure process for 60 days or until the mortgage lender and borrower have agreed
upon and entered into a loan modification, whichever comes first.
new text end
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(b) A mortgage lender need not consider a loan modification request if:
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(1) the lender has already received, considered, and either accepted or denied a loan
modification request on the same loan within the immediately preceding 12 months; or
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(2) the loan modification request is not a complete loan modification request as
defined in subdivision 1, paragraph (f).
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new text begin Subd. 4. new text end
new text begin Civil cause of action; dual tracking. new text end
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A borrower who incurs loss as a
result of dual tracking by the borrower's mortgage lender has a civil cause of action against
the mortgage lender for damage incurred by the borrower as a result of the dual tracking,
plus the borrower's reasonable attorney fees.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2013, and applies to
foreclosures commenced on or after that date.
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Sec. 5.
new text begin
[580.0431] MANDATORY MEDIATION IF REQUESTED BY
BORROWER.
new text end
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(a) If a borrower, as defined in section 580.043, subdivision 1, paragraph (d), requests
in writing that the mortgage lender participate with the borrower in mandatory mediation,
the mortgage lender shall participate in good faith and shall pay the cost of the mediation.
new text end
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(b) Prior to the mandatory mediation, the borrower must receive the foreclosure
prevention counseling described in section 580.041, subdivisions 2 and 2a.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2013, and applies to
foreclosures commenced on or after that date.
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