SB 492-1_ Filed 04/13/2009, 10:59 Burton

Text Box

    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______





    I move that Engrossed Senate Bill 492 be amended to read as follows:

SOURCE: Page 10, line 26; (09)MO049210.10. -->     Page 10, delete lines 26 through 35.
    Page 13, between lines 27 and 28, begin a new line blocked left and insert:
" As long as the creditor provides evidence to the court that the notice required under this subsection was mailed in compliance with this subsection and subsection (b), it is not necessary that the debtor accept receipt of the notice.".
    Page 13, line 33, delete "11(h)" and insert " 11(g) and 11(i)".
    Page 14, line 12, after "agreement;" insert " or".
    Page 14, line 13, delete "loan; or" and insert " loan.".
    Page 14, delete lines 16 through 19.
    Page 14, line 21, delete "subject to this" and insert " for which a notice under section 9(c) of this chapter and a settlement conference under section 11 of this chapter are required,".
    Page 14, line 22, delete "chapter".
    Page 15, line 25, delete "a transaction history for the mortgage, including".
    Page 15, delete line 28.
    Page 15, line 29, delete "(C)" and insert " (B)".
    Page 15, line 30, after "on" insert " the".
    Page 15, line 31, delete "(D)" and insert " (C)".
    Page 16, line 7, after "attorney" insert " or an authorized representative".
    Page 16, line 8, delete "and" and insert " and, if the authorized

representative is not at the settlement conference,".
    Page 17, line 5, before "If" insert " If the settlement conference results in an outcome described in subdivision (2), and is later concluded without the debtor and creditor being able to agree on the terms of a foreclosure prevention agreement, the creditor shall file with the court a notice indicating that a foreclosure prevention agreement was not reached.".
    Page 17, line 5, after "this section" delete "results in an" and insert " fails to result in a foreclosure prevention agreement,".
    Page 17, line 6, delete "outcome described in subdivision (1),".
    Page 17, between lines 18 and 19, begin a new paragraph and insert:
    " (i) A settlement conference under this chapter is not required if:
        (1) the court finds that a settlement conference would be of limited value based on the result of a prior loss mitigation effort between the debtor and the creditor, other than a foreclosure prevention agreement under this chapter; or
        (2) the creditor is not required to send the notices under this chapter.
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 492 as printed April 10, 2009.)


Representative Burton

MO049210/DI 51     2009