SB 222 was introduced in the Pennsylvania Senate on 2/19/09 and has been referred to the Urban affairs and Housing Committee.
This bill implements a statewide requirement for conciliation conferences between the mortgagee and eligible mortgagors whose one or two-family, owner-occupied property located in Pennsylvania before a sheriff's sale may be held. The program must be established by the common pleas court in each county. Conferences must be scheduled prior to judgment. Eligibility applies only to one or two-family, owner-occupied property located in Pennsylvania. The act will take effect within 60 days of passage.
Procedures:
Service of the complaint must include a notice from the court informing the mortgagor of the court's residential mortgage foreclosure conciliation program, and either provide:
- a scheduled date and time for the conciliation conference, or advise the defendant of the right to attend a conciliation conference prior to the entry of a judgment in the foreclosure action and
- the process required to schedule the conference.
- the mortgagee or the mortgagee's legal representative must also be notified of the conference.
- The Conciliation Conference.--
- will be conducted by a civil case manager or other person designated by the court, a judge pro tempore who possesses experience in the subject matter or a judge of the court of common pleas.
- must address all issues of foreclosure, including:
- Whether the mortgagor is represented and, if not, whether volunteer counsel may be available and appointed.
- Whether the mortgagor met with a representative of a consumer credit counseling agency.
- Whether the consumer credit counseling agency prepared an assessment or report providing options to help resolve the foreclosure action.
- Copies of any completed application for mortgage or financial assistance.
- Mortgagor's income and expense information.
- Mortgagor's employment status.
- Restructuring of the mortgage debt.
- Whether the case may proceed to sheriff sale, if there is no prospect of an amicable resolution.
- If a mortgagor fails to appear, the requirement for the conference is considered to be satisfied when upon verification that the required notice was served and, if it has, an order shall be issued authorizing the mortgagee to proceed with the action.
- If the mortgagee or legal representative of the mortgagee fails to appear, the case may not proceed until a rescheduled conference is held.
The court shall compile information on the results of the conciliation program and report at least annually to the Administrative Office of Pennsylvania Courts.
Primary residences subject to execution to enforce a residential mortgage cannot proceed to a sheriff sale until a conciliation conference is held, or the mortgagor fails to appear for the conference.
To view a copy of the current Bill, please click here.
About Safeguard
Safeguard Properties is the largest privately held field services company in the country. Located in Cleveland, Ohio and founded in 1990 by Robert Klein, Safeguard has grown from a regional preservation company with a few employees and a handful of contractors performing services in the Midwest, to a national company with over 500 employees. Safeguard is supported by a nationwide network of subcontractors able to perform any requested superintendence, preservation, and maintenance functions, as well as numerous ancillary services in the U.S., the Virgin Islands, and Puerto Rico
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