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House Bill 1238


House Bill 1238

ARCHIVE (2012)

Latest Information

 

DIGEST OF HB 1238 (Updated March 6, 2012 4:16 pm - DI 84)


Finding of abandonment for mortgaged property. Provides a procedure that allows: (1) a creditor in a mortgage; or (2) an enforcement authority with jurisdiction in the location of the mortgaged property; to petition the court having jurisdiction over an existing mortgage foreclosure action to find that the mortgaged property is abandoned. Provides that upon receiving a petition for a determination of abandonment, the court shall issue an order to show cause as to why the property should not be found to be abandoned and to direct the appropriate parties to appear before the court on a date and time specified in the order. Provides that a party subject to the order has the right to: (1) present oral or written evidence or objections on the issue of abandonment to the court; and (2) be represented by an attorney when appearing before the court. Provides that certain specified conditions existing with respect to the mortgaged property constitute prima facie evidence that the property is abandoned. Provides that the debtor's failure to either: (1) present written evidence or objections on the issue of abandonment before the appearance date; or (2) appear before the court on the appearance date; constitutes prima facie evidence that the property is abandoned.
Current Status:
 Law Enacted
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