HB 65 (2006) -  Foreclosure Proceedings

General Bill by Porth (CO-SPONSORS) Ambler; Fields; Kottkamp; Mahon; Roberson, Y.; Sands; Seiler; Smith
Foreclosure Proceedings: Revises procedures and requirements for judicial sales; provides for disbursement of surplus funds after a judicial sale; establishes a rebuttable presumption of entitlement to surplus funds; provides requirements and procedures for disbursement of surplus funds by the clerk of court; provides for appointment of a surplus trustee; provides for notice of appointment; provides for termination of appointment; provides for treatment of surplus funds as unclaimed property; provides construction relating to title of property in a foreclosure sale; provides for a sale or assignment of rights to surplus funds in a property subject to foreclosure; establishes a rebuttable presumption of entitlement to surplus funds; provides requirements for proof; provides requirements for rebutting the presumption; provides requirements for transfers or assignments of surplus funds; provides duties and authority of a court in payment of surplus funds under a transfer or assignment; provides for nonapplication to specified instruments; specifies absence of effect on title or marketability of property or validity of liens; provides qualifications for appointment as a surplus trustee by the Department of Financial Services; provides requirements for appointment as a surplus trustee; provides for application and renewal fees; provides duties of the department in certifying surplus trustees; requires the department to establish a rotation system for assignment of cases to surplus trustees; provides duties of a surplus trustee; provides entitlement of a surplus trustee to specified service charges and fees; specifies service charges for clerks of court for administering judicial sales and surplus funds; provides a civil penalty for knowingly using unfair or deceptive homeowner victimization methods, acts, or practices in residential foreclosure proceedings; specifies higher priority of an order of restitution or reimbursement over imposition of a civil penalty; provides for deposit of civil penalties into the Legal Affairs Revolving Trust Fund of the Department of Legal Affairs; specifies nonapplication to specified encumbrances, deeds, or actions; specifies different newspaper legal notice and process requirements for counties above a certain population size; limits costs chargeable in a foreclosure proceeding.
Effective Date: July 1, 2006, except as otherwise provided.
Last Event: 06/12/06 Approved by Governor; Chapter No. 2006-175 on Monday, June 12, 2006 9:13 AM
Date Available for Final Passage: Tuesday, May 02, 2006 10:59 AM

Referred Committees and Committee Actions

House Referrals

Related Bills

Bill # Subject Relationship
Bill #: CS/CS/CS/SB 166 Subject: Foreclosure Proceedings Relationship: Similar

Bill Text

Staff Analysis

Chamber Committee
Chamber: House Committee: Justice Council 4/20/2006 8:12:36 PM
Chamber: House Committee: Judiciary Appropriations Committee 4/10/2006 1:25:18 PM
Chamber: House Committee: Judiciary Appropriations Committee 4/3/2006 6:00:12 PM
Chamber: House Committee: Economic Development, Trade & Banking Committee 3/29/2006 5:58:47 PM
Chamber: House Committee: Economic Development, Trade & Banking Committee 3/21/2006 1:40:17 PM
Chamber: House Committee: Civil Justice Committee 1/26/2006 4:53:34 PM
Chamber: House Committee: Civil Justice Committee 1/4/2006 10:24:07 AM

Vote History

Chamber Date Yeas Nays Action Action 2 Vote Detail Barcode
Chamber: House Date: 04/28/2006 11:00 AM   Yeas: 117 Nays: 0 Action: Passage Action 2: Vote Detail: Vote [Seq# 981] Barcode:
Chamber: Senate Date: 05/01/2006 12:49 PM   Yeas: 36 Nays: 0 Action: Action 2: Vote Detail: Vote [Seq# 14] Barcode:

Bill History

Event Time Member Committee Ver.
Event: Approved by Governor; Chapter No. 2006-175 Time: 06/12/2006 - 9:13 AM Member: Committee: Version: er
Event: Signed by Officers and presented to Governor Time: 06/05/2006 - 9:14 AM Member: Committee: Version: er
Event: H Ordered enrolled Time: 05/01/2006 - 8:35 PM Member: Committee: Version: e1
Event: H In Messages Time: 05/01/2006 - 8:35 PM Member: Committee: Version: e1
Event: S Passed; YEAS 36 NAYS 0 -SJ 00730 Time: 05/01/2006 - 12:50 PM Member: Committee: Version: er
Event: S Read third time -SJ 00729 Time: 05/01/2006 - 12:49 PM Member: Committee: Version: er
Event: H Message sent to senate Time: 04/28/2006 - 3:29 PM Member: Committee: Version: e1
Event: S Read second time -SJ 00682 Time: 04/28/2006 - 3:15 PM Member: Committee: Version: er
Event: S Substituted for CS/CS/CS/SB 166 -SJ 00682 Time: 04/28/2006 - 3:15 PM Member: Committee: Version: er
Event: S Withdrawn from Judiciary; Banking and Insurance; Justice Appropriations -SJ 00681 Time: 04/28/2006 - 3:15 PM Member: Committee: Version: er
Event: S Received, referred to Judiciary; Banking and Insurance; Justice Appropriations -SJ 00699 Time: 04/28/2006 - 3:15 PM Member: Committee: Version: er
Event: S In Messages Time: 04/28/2006 - 3:15 PM Member: Committee: Version: er
Event: H Passage on third reading Time: 04/28/2006 - 11:00 AM Member: Committee: Version: c4
Event: H Passed as amended; YEAS 117, NAYS 0 Time: 04/28/2006 - 11:00 AM Member: Committee: Version: c4
Event: H Read 3rd time Time: 04/28/2006 - 10:59 AM Member: Committee: Version: c4
Event: H Amendment 609797 adopted Time: 04/28/2006 - 10:59 AM Member: Committee: Version: c4
Event: H Amendment 783873 adopted Time: 04/28/2006 - 10:58 AM Member: Committee: Version: c4
Event: H Amendment 631409 adopted Time: 04/28/2006 - 10:58 AM Member: Committee: Version: c4
Event: H Amendment 144069 adopted Time: 04/28/2006 - 10:57 AM Member: Committee: Version: c4
Event: H Amendment 439807 adopted Time: 04/28/2006 - 10:57 AM Member: Committee: Version: c4
Event: H Read 2nd time Time: 04/28/2006 - 10:56 AM Member: Committee: Version: c4
Event: H Bill added to Special Order Calendar (4/28/2006) Time: 04/26/2006 - 8:05 PM Member: Committee: Version: c4
Event: H Amendment 783873 filed Time: 04/24/2006 - 8:40 PM Member: Committee: Version: c4
Event: H Amendment 631409 filed Time: 04/24/2006 - 8:40 PM Member: Committee: Version: c4
Event: H Amendment 609797 filed Time: 04/24/2006 - 3:53 PM Member: Committee: Version: c4
Event: H Amendment 144069 filed Time: 04/24/2006 - 3:52 PM Member: Committee: Version: c4
Event: H Amendment 439807 filed Time: 04/24/2006 - 3:51 PM Member: Committee: Version: c4
Event: H Added to Second Reading Calendar Time: 04/20/2006 - 10:25 PM Member: Committee: Version: c4
Event: H Bill released to House Calendar Time: 04/20/2006 - 10:25 PM Member: Committee: Version: c4
Event: H Pending review of CS under Rule 6.3 Time: 04/20/2006 - 8:18 PM Member: Committee: Version: c4
Event: H Reported out of Justice Council Time: 04/20/2006 - 8:13 PM Member: Committee: Justice Council Version: c3
Event: H Favorable with CS by Justice Council Time: 04/18/2006 - 12:15 PM Member: Committee: Justice Council Version: c3
Event: H Added to Justice Council agenda Time: 04/14/2006 - 4:01 PM Member: Committee: Justice Council Version: c3
Event: H Now in Justice Council Time: 04/10/2006 - 5:42 PM Member: Committee: Justice Council Version: c3
Event: H Pending review of CS under Rule 6.3 Time: 04/10/2006 - 8:28 AM Member: Committee: Version: c3
Event: H Reported out of Judiciary Appropriations Committee Time: 04/09/2006 - 11:34 PM Member: Committee: Judiciary Appropriations Committee Version: c2
Event: H Favorable with CS by Judiciary Appropriations Committee Time: 04/04/2006 - 6:00 PM Member: Committee: Judiciary Appropriations Committee Version: c2
Event: H Added to Judiciary Appropriations Committee agenda Time: 03/31/2006 - 4:25 PM Member: Committee: Judiciary Appropriations Committee Version: c2
Event: H Now in Judiciary Appropriations Committee Time: 03/30/2006 - 3:00 PM Member: Committee: Judiciary Appropriations Committee Version: c2
Event: H Remaining referral: Justice Council Time: 03/30/2006 - 3:00 PM Member: Committee: Justice Council Version: c2
Event: H Pending review of CS under Rule 6.3 Time: 03/29/2006 - 6:15 PM Member: Committee: Version: c2
Event: H Reported out of Economic Development, Trade & Banking Committee Time: 03/29/2006 - 5:59 PM Member: Committee: Economic Development, Trade & Banking Committee Version: c1
Event: H Favorable with CS by Economic Development, Trade & Banking Committee Time: 03/23/2006 - 3:42 PM Member: Committee: Economic Development, Trade & Banking Committee Version: c1
Event: H Added to Economic Development, Trade & Banking Committee agenda Time: 03/21/2006 - 1:56 PM Member: Committee: Economic Development, Trade & Banking Committee Version: c1
Event: H 1st Reading Time: 03/07/2006 - 11:59 PM Member: Committee: Version: __
Event: H Now in Economic Development, Trade & Banking Committee Time: 02/01/2006 - 8:36 AM Member: Committee: Economic Development, Trade & Banking Committee Version: c1
Event: H Remaining referral: Justice Council Time: 02/01/2006 - 8:36 AM Member: Committee: Justice Council Version: c1
Event: H Remaining referral: Judiciary Appropriations Committee Time: 02/01/2006 - 8:36 AM Member: Committee: Judiciary Appropriations Committee Version: c1
Event: H Pending review of CS under Rule 6.3 Time: 01/26/2006 - 4:57 PM Member: Committee: Version: c1
Event: H Reported out of Civil Justice Committee Time: 01/26/2006 - 4:54 PM Member: Committee: Civil Justice Committee Version: __
Event: H Favorable with CS by Civil Justice Committee Time: 01/11/2006 - 11:45 AM Member: Committee: Civil Justice Committee Version: __
Event: H Added to Civil Justice Committee agenda Time: 12/30/2005 - 3:01 PM Member: Committee: Civil Justice Committee Version: __
Event: H Now in Civil Justice Committee Time: 12/30/2005 - 10:42 AM Member: Committee: Civil Justice Committee Version: __
Event: H Remaining referral: Justice Council Time: 12/30/2005 - 10:42 AM Member: Committee: Justice Council Version: __
Event: H Remaining referral: Economic Development, Trade & Banking Committee Time: 12/30/2005 - 10:42 AM Member: Committee: Economic Development, Trade & Banking Committee Version: __
Event: H Referred to Judiciary Appropriations Committee Time: 12/30/2005 - 10:42 AM Member: Committee: Judiciary Appropriations Committee Version: __
Event: H Removed from Justice Appropriations Committee Time: 12/30/2005 - 10:42 AM Member: Committee: Justice Appropriations Committee Version: __
Event: H Now in Civil Justice Committee Time: 09/09/2005 - 12:03 PM Member: Committee: Civil Justice Committee Version: __
Event: H Referred to Justice Council Time: 09/09/2005 - 12:03 PM Member: Committee: Justice Council Version: __
Event: H Referred to Justice Appropriations Committee Time: 09/09/2005 - 12:03 PM Member: Committee: Justice Appropriations Committee Version: __
Event: H Referred to Economic Development, Trade & Banking Committee Time: 09/09/2005 - 12:03 PM Member: Committee: Economic Development, Trade & Banking Committee Version: __
Event: H Referred to Civil Justice Committee Time: 09/09/2005 - 12:03 PM Member: Committee: Civil Justice Committee Version: __
Event: H Filed Time: 08/05/2005 - 8:41 AM Member: Porth Committee: Version: __

Statutes Referenced by this Bill

Statute Other Bill Citations
45.031
45.031
45.031
45.031
45.0311
45.032
45.032
45.032
45.032
45.033
45.033
45.033
45.033
45.034
45.034
45.034
45.035
45.035
45.035
48.184
48.21
49.08
50.013
50.031
201.02 HB 7099 CS
201.02 HB 7099 CS
201.02 HB 7099 CS
501.2078
501.2078
501.2078
501.2078
501.2078
689.251
702.035
702.035
702.035
702.035
702.035
702.065
702.10