Enrolled Senate Bill (S)

DIGEST

Deficiency judgments and foreclosed property. Provides that the following statutes are not intended to provide the owner of real estate subject to the issuance of process under a judgment or decree of foreclosure any protection or defense against a deficiency judgment for purposes of the borrower protections from liability that must be disclosed on a specified form required by amendments to a federal rule concerning mortgage disclosures: (1) The statutes governing the payoff of, and short sales involving: (A) first lien mortgage transactions; and (B) consumer credit sales and consumer loans under the uniform consumer credit code. (2) The statute Deficiency judgments and foreclosed property. Provides that the following statutes are not intended to provide the owner of real estate subject to the issuance of process under a judgment or decree of foreclosure any protection or defense against a deficiency judgment for purposes of the borrower protections from liability that must be disclosed on a specified form required by amendments to a federal rule concerning mortgage disclosures: (1) The statutes governing the payoff of, and short sales involving: (A) first lien mortgage transactions; and (B) consumer credit sales and consumer loans under the uniform consumer credit code. (2) The statute allowing the owner of real estate subject to the issuance of process under a judgment or decree of foreclosure to waive, with the consent of the judgment holder, the time limitations that would otherwise apply to the issuance of process with respect to the judgment or decree of foreclosure. ... View more