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Legislation watch
2019 House Bill 4306: Revise mortgage “foreclosure by advertisement” details
Public Act 142 of 2019
Introduced by Rep. Triston Cole (R) on March 7, 2019
To require that when executing a “foreclosure by advertisement” proceeding (rather than foreclosing by taking a delinquent mortgage borrower to court), a mortgage lender or servicer must include additional details in the published foreclosure notice, including contact information for the lender's lawyer, details about the foreclosure sale itself, the property’s street address (not just a legal description), and more. This revises the disclosures already required under current state laws for this. Official Text and Analysis.
Referred to the House Government Operations Committee on March 7, 2019
Reported in the House on March 19, 2019
Without amendment and with the recommendation that the bill pass.
Referred to the House Government Operations Committee on March 20, 2019
Reported in the House on May 1, 2019
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
Received in the Senate on May 16, 2019
Referred to the Senate Judiciary and Public Safety Committee on May 16, 2019
Reported in the Senate on October 29, 2019
With the recommendation that the bill pass.
The reported passed by voice vote in the Senate on October 29, 2019
Amendment offered by Sen. Curtis Hertel, Jr. (D) on November 13, 2019
To prohibit a lender placing a foreclosure notice in a newspaper in which the owner or their agent has a controlling interest.
The amendment failed 14 to 22 in the Senate on November 13, 2019.
See Who Voted "Yes" and Who Voted "No".
See Who Voted "Yes" and Who Voted "No".
To require that when executing a “foreclosure by advertisement” proceeding (rather than foreclosing by taking a delinquent mortgage borrower to court), a mortgage lender or servicer must include additional details in the published foreclosure notice, including details about the foreclosure sale itself, the property’s street address (not just a legal description), and more. This revises the extensive disclosures already required under current state laws for this.
Moved to reconsider by Sen. Peter MacGregor (R) on December 3, 2019
The vote by which the bill was passed.
The motion passed by voice vote in the Senate on December 3, 2019
Received in the Senate on December 3, 2019
Amendment offered by Sen. Curtis Hertel, Jr. (D) on December 3, 2019
To prohibit a lender placing a foreclosure notice in a newspaper in which the owner or their agent has a controlling interest.
The amendment passed by voice vote in the Senate on December 3, 2019
To require that when executing a “foreclosure by advertisement” proceeding (rather than foreclosing by taking a delinquent mortgage borrower to court), a mortgage lender or servicer must include additional details in the published foreclosure notice, including details about the foreclosure sale itself, the property’s street address (not just a legal description), and more. This revises the disclosures already required under current state laws for this.
Received in the House on December 3, 2019
Signed by Gov. Gretchen Whitmer on December 12, 2019