SB 492-2_ Filed 04/14/2009, 07:38 Burton


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

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

SOURCE: Page 3, line 18; (09)MO049214.3. -->     Page 3, line 18, delete "IC 32-30-10.5-9(a)," and insert " IC 32-30-10.5-8(a),".
    Page 10, line 27, after "10." insert " (a)".
    Page 10, line 30, after "(2)" insert " except as provided in subsection (b),".
    Page 10, between lines 35 and 36, begin a new paragraph and insert:
    " (b) The sheriff is not required to record the deed of conveyance for the premises under subsection (a)(2) if the mortgage involved in the foreclosure action resulting in the foreclosure sale under this chapter was insured by the United States Department of Housing and Urban Development.".
    Page 11, line 13, delete "IC 32-30-10.5-9(a)" and insert " IC 32-30-10.5-8(a)".
    Page 13, delete lines 8 through 10.
    Page 13, line 11, delete "9." and insert " 8.".
    Page 13, line 13, delete "11(g)" and insert " 10(g)".
    Page 13, between lines 27 and 28, begin a new line blocked left and insert:
" If 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 for an action to proceed as allowed under this chapter.".
    Page 13, line 33, delete "11(h)" and insert " 10(g)".
    Page 14, line 12, after "agreement;" insert " or".
    Page 14, line 15, delete "loan; or" and insert " loan.".
    Page 14, delete lines 16 through 19.
    Page 14, line 20, delete "10." and insert " 9.".
    Page 14, line 21, delete "subject to this" and insert " for which a notice under section 8(c) of this chapter and a settlement conference under section 10 of this chapter are required,".
    Page 14, line 22, delete "chapter".
    Page 14, line 24, delete "9(c)" and insert " 8(c)".
    Page 14, line 27, delete "9(c)" and insert " 8(c)".
    Page 14, line 28, delete "9(c)" and insert " 8(c)".
    Page 14, line 31, delete "9(c)" and insert " 8(c)".
    Page 14, line 32, delete "9(c)" and insert " 8(c)".
    Page 14, line 37, delete "9(a)" and insert " 8(a)".
    Page 14, line 39, delete "11." and insert " 10.".
    Page 14, line 42, delete "9(c)" and insert " 8(c)".
    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 17, line 5, before "If" insert " If the settlement conference held under this section results in an outcome described in subdivision (2) and the continuing negotiations described in subdivision (2) are 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 6, after "(1)," insert " or if continuing negotiations described in subdivision (2) are later concluded without the debtor and creditor being able to agree on the terms of a foreclosure prevention agreement,".
    Page 17, line 14, delete "9" and insert " 8".
    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.
".
    Page 17, line 19, delete "12." and insert " 11.".
    Page 17, line 27, delete "9(c)" and insert " 8(c)".
    (Reference is to ESB 492 as printed April 10, 2009.)

________________________________________

Representative Burton


MO049214/DI 101     2009