The California Homeowner Bill of Rights shifted how foreclosure attorneys, banks and homeowners view the default process in the state.
Now lawmakers in the neighboring state of Nevada are backing a bill that would create foreclosure mediation requirements for distressed homeowners while setting up civil penalties for banks that fail to follow outlined default procedures.
It’s Senate Bill 321.
The legislation has already passed the Nevada Senate and is in assembly, where it was recently read by a committee for the first time.
Much like the California Homeowner Bill of Rights, the Nevada Homeowner Bill of Rights would end the practice of dual-tracking – or pursuing a loan modification while also proceeding with the foreclosure process. In addition, the bill codifies single-point of contact servicing requirements at the state level.
Other provisions include a requirement that 30 days before the recording of a default notice or a commencement of a judicial foreclosure, servicers provide a homowner with information about foreclosure prevention alternatives.
Another section prohibits foreclosure proceedings unless a servicer complies with all of the requirements for reaching out to distressed borrowers.
In addition, Section 16 of the bill creates civil remedies to penalize financial firms that committ actions that materially violate one of the rules outlined in the bill.