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HF 35

as introduced - 88th Legislature (2013 - 2014) Posted on 01/10/2013 12:12pm

KEY: stricken = removed, old language. underscored = added, new language.

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1.1A bill for an act
1.2relating to real estate; regulating underwater mortgage loans; providing an
1.3opportunity to refinance; requiring transparency in loan modification criteria;
1.4proposing coding for new law in Minnesota Statutes, chapter 47.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6    Section 1. [47.22] REFINANCING OPPORTUNITY REQUIRED; CERTAIN
1.7UNDERWATER HOME MORTGAGE LOANS.
1.8    Subdivision 1. Qualifications. This section applies to:
1.9(1) all mortgagees and their assignees and servicers; and
1.10(2) a home mortgage loan customer of an entity described in clause (1) whose
1.11mortgage loan:
1.12(i) was originated prior to January 1, 2009;
1.13(ii) is current on payments;
1.14(iii) had not been delinquent at any time within the preceding 12 months;
1.15(iv) has a current interest rate of 5.25 percent or higher; and
1.16(v) has a loan-to-value ratio in excess of 100 percent.
1.17    Subd. 2. Opportunity to refinance. An entity described in subdivision 1, clause
1.18(1), must offer to an existing home mortgage loan customer described in subdivision 1,
1.19clause (2), an opportunity to refinance the loan at a lower interest rate. The offer must not
1.20be conditional upon the customer's payment of fees to the entity described in subdivision
1.211, clause (1), that exceed the cost actually and reasonably incurred in connection with the
1.22refinancing. The offer to refinance must be made no later than 60 days after the date of
1.23enactment of this act. The offer must remain available for acceptance by the borrower for
1.24at least 60 days after the date the offer is communicated.
2.1    Subd. 3. Consequence of noncompliance. If an entity described in subdivision 1,
2.2clause (1), does not comply with subdivision 2, and the entity begins foreclosure of the
2.3mortgage, the redemption period is 12 months, notwithstanding a shorter period specified
2.4in section 580.23.
2.5EFFECTIVE DATE.This section is effective the day following final enactment.

2.6    Sec. 2. [47.221] TRANSPARENCY IN LOAN MODIFICATION CRITERIA.
2.7An entity described in section 47.22, subdivision 1, clause (1), shall provide to all of
2.8its residential mortgage loan customers in writing the criteria the entity uses in determining
2.9eligibility for a loan modification. The entity shall provide the criteria at least once per
2.10year, within 30 days after each change in the criteria, and upon request. If the entity denies
2.11an application for a loan modification, the entity shall notify the customer in writing within
2.12five days of the decision and provide an explanation of how the customer failed to meet the
2.13criteria. The entity must provide the customer with accurate information about the lender.
2.14EFFECTIVE DATE.This section is effective the day following final enactment.

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