BILL · 2023–24 SESSION

HB 1349: Foreclosure protections

Concerning foreclosure protections.

Summary

  • Revises various provisions related to nonjudicial foreclosures of deeds of trust, including changing the timeline for referral to preforeclosure mediation; clarifying provisions related to delivery of the trustee's deed and rescission of the trustee's sale; removing the home occupancy requirement for successors in interest; providing examples of documentation that may be used for establishing successors in interest; and modifying the exemptions from the mediation and remittance requirements.
  • Requires that a trustee delay a foreclosure sale upon receipt of written notice from the Homeowner Assistance Fund program that an application for federal relief funds has been submitted to the program on behalf of the borrower, a successor in interest to a deceased borrower, or a person who has been awarded title to the property.
  • Provides that it is unlawful to seek or receive any fee or compensation for locating, or purporting to purchase or otherwise acquire the right to recover, surplus funds held by a court or county resulting from a foreclosure where the fee is in excess of 5 percent of the value of the property reasonably expected to be recovered and reasonable attorneys' fees and costs.

From the House Bill Report (HB 1349), written by the Legislature's nonpartisan staff. Read the full report ↗

Enacted Enacted · Chapter 206, Laws of 2023
  1. IntroducedJan 16, 2023
  2. Out of committeeFeb 6, 2023
  3. Passed HouseFeb 28, 2023
  4. Passed SenateApr 6, 2023
  5. GovernorMay 1, 2023
  6. LawMay 1, 2023
Prime sponsor
Tina Orwall (D-33)
Introduced
January 16, 2023 in the House
Last action
May 1, 2023
Session law
Chapter 206, Laws of 2023
Budget
Has a fiscal note

AN ACT Relating to foreclosure protections;

Sponsors

Votes

House · 3rd Reading & Final Passage

Passed February 28, 2023
Version voted on: HB 1349
97 Yea 0 Nay 0 Absent 1 Excused
PartyYeaNayAbsentExcused
Democrat57001
Republican40000
How each member voted

Yea (97)

Excused (1)

Senate · 3rd Reading & Final Passage as Amended by the Senate

Passed April 6, 2023
Version voted on: HB 1349
46 Yea 0 Nay 1 Absent 2 Excused
PartyYeaNayAbsentExcused
Democrat28001
Republican18011
How each member voted

House · Final Passage as Amended by the Senate

Passed April 14, 2023
Version voted on: HB 1349
96 Yea 0 Nay 0 Absent 2 Excused
PartyYeaNayAbsentExcused
Democrat57001
Republican39001
How each member voted

Yea (96)

Excused (2)

History

  1. Effective date 7/23/2023*.
  2. Chapter 206, 2023 Laws.
  3. Governor signed.
  4. Delivered to Governor.
  5. President signed.
  6. Speaker signed.
  7. Passed final passage; yeas, 96; nays, 0; absent, 0; excused, 2.
  8. House concurred in Senate amendments.
  9. Third reading, passed; yeas, 46; nays, 0; absent, 1; excused, 2.
  10. Rules suspended. Placed on Third Reading.
  11. Floor amendment(s) adopted.
  12. Committee amendment not adopted.
  13. Placed on second reading by Rules Committee.
  14. Passed to Rules Committee for second reading.
  15. HSG - Majority; do pass with amendment(s).
  16. First reading, referred to Housing.
  17. Third reading, passed; yeas, 97; nays, 0; absent, 0; excused, 1.
  18. Rules suspended. Placed on Third Reading.
  19. Placed on second reading suspension calendar.
  20. Rules Committee relieved of further consideration.
  21. Referred to Rules 2 Review.
  22. HOUS - Executive action taken by committee.
  23. HOUS - Majority; do pass.
  24. First reading, referred to Housing.

HB 1349 in other sessions

Bill numbers restart every two years, so the same number is a different bill in each session.

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