2012 House Bill 5446

Clarify mortgage loan contract “nonrecourse” provision rules

Introduced in the House

Feb. 29, 2012

Introduced by Rep. Rudy Hobbs (D-35)

To clarify that mortgage loan contracts which contain “nonrecourse loan provisions” cannot be made into a recourse loan by a “post closing solvency covenant" or other device. Practically all residential mortgages are “non-recourse” loans, meaning that although the lender can take back a delinquent borrower’s home, he can’t go after other property or income of the borrower.

Referred to the Committee on Commerce

Clarify mortgage loan contract “nonrecourse” provision rules to clarify that mortgage loan contracts which contain “nonrecourse loan provisions” cannot be made into a recourse loan by a “post closing solvency covenant" or other device. Practically all residential mortgages are “non-recourse” loans, meaning that although the lender can take back a delinquent borrower’s home, he can’t go after other property or income of the borrower.

March 20, 2012

Reported without amendment

Without amendment and with the recommendation that the bill pass.

March 29, 2012

Motion by Rep. Jim Stamas (R-98)

The motion passed by voice vote

Referred to the Committee on Banking and Financial Services