Making Real Estate Work


Posted In Real Estate

On January 22, 2017, I posted an article pessimistically predicting that the General Assembly would not do anything to address the courts’ determination that debtors may waive confirmation. I also noted, hypothetically, that the legislature should, but likely wouldn’t, consider requiring confirmation prior to pursuit of a deficiency consequent to foreclosure of a judgment lien.

Maybe I was wrong.

On January 26, Senators Stone, Hufsteter, Jeffares and Tillary (all Republicans) and Senator Harold Jones (Democrat) dropped Senate Bill 86. The bill, if passed, would both make confirmation nonwaivable and require it as condition to pursuing a deficiency following foreclosure of (or, “levy upon”) a judgment lien as well mortgage foreclosure.

This cooperation across the aisle encourages me. I doubted that it was possible. May it extend to the General Assembly as a whole. If it does, and this bill passes, I will gladly admit.

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