HB 6951

Abstract

Amends the Code of Civil Procedure. Provides that as a condition precedent to initiating foreclosure on residential real estate, a plaintiff shall comply with the requirements of any applicable federal, State, local, or contractual loss mitigation program, and if no program results in a modification of the mortgage, the plaintiff shall review the mortgage under the other programs utilized by the plaintiff. Provides that each affidavit filed in a foreclosure proceeding must include a detailed description of the affiant's claimed personal knowledge. Provides that if a note that is required to be attached to the foreclosure complaint is missing, the moving party must file a detailed affidavit about the efforts to locate the note and the note's terms and riders. Provides that each foreclosure complaint shall include a loss mitigation affidavit describing what steps, in any, were taken by the plaintiff to assess the mortgage loan's eligibility for modification under designated federal programs. Provides that a foreclosure judgment shall include a finding by the court that the plaintiff complied with applicable federal, State, or local loss mitigation requirements, or that there are no such applicable requirements. Provides that if the plaintiff has not complied with such a program that the proceedings shall be stayed until the court determines that the plaintiff has complied. Effective immediately.