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NM SB349

NM SB349
Mortgage Relief Act


summary

Introduced
02/10/2021
In Committee
03/08/2021
Crossed Over
Passed
Dead
03/20/2021

Introduced Session

2021 Regular Session

Bill Summary

AN ACT RELATED TO MORTGAGES; ENACTING THE CORONAVIRUS DISEASE 2019 MORTGAGE RELIEF ACT; PROVIDING DEFINITIONS; PROVIDING A MORATORIUM ON ALL FORECLOSURES DURING THE CORONAVIRUS DISEASE 2019 PUBLIC HEALTH EMERGENCY; REQUIRING CERTAIN DISCLOSURES BE MADE TO BORROWERS; REQUIRING CERTAIN LOSS MITIGATION OPTIONS; REQUIRING COMPLIANCE AS A PRECONDITION TO FORECLOSURE; DECLARING AN EMERGENCY.

AI Summary

This bill, the Coronavirus Disease 2019 Mortgage Relief Act, enacts several provisions to provide relief to borrowers during the COVID-19 public health emergency. It imposes a moratorium on all foreclosure proceedings for the duration of the emergency, plus an additional 120 days after a borrower's final mortgage forbearance period. It requires lenders to disclose loss mitigation options to borrowers with both federally-backed and non-federally-backed mortgage loans, and prohibits lenders from foreclosing unless they have complied with the required disclosures and considered the borrower for available loss mitigation options. The bill also provides borrowers with legal recourse, including the ability to use noncompliance as a defense in foreclosure actions and recover damages, if lenders fail to comply with the Act's provisions.

Committee Categories

Budget and Finance, Justice

Sponsors (8)

Last Action

STBTC: Reported by committee with Do Not Pass but with a Do Pass recommendation on Committee Substitution (on 03/08/2021)

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