2012 House Bill 5447

Clarify mortgage loan contract “non-recourse” provision rules

Introduced in the House

Feb. 29, 2012

Introduced by Rep. Ray Franz (R-101)

To clarify that mortgage loan contracts that contain “non-recourse loan provisions” cannot be made into a recourse loan by a “post closing solvency covenant" or other device. Practically all residential mortgages are “non-recourse” loans, meaning that although the lender can take back the home, he can’t go after (“have recourse to”) a delinquent borrower’s other property or income of the borrower.

Referred to the Committee on Energy and Technology