ESHB 2614 -
By Committee on Financial Institutions, Housing & Insurance
NOT ADOPTED 02/29/2012
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 A new section is added to chapter 64.04 RCW
to read as follows:
(1) If the beneficiary or mortgagee, and its assignees, of debt
secured by owner-occupied real property releases its deed of trust or
mortgage in the real property for less than full payment of the secured
debt and if the beneficiary or mortgagee, and its assignees, reserves
the right to pursue collection of the remaining debt, the beneficiary
or mortgagee, and its assignees, shall provide written notice to the
debtor the first time that the beneficiary or mortgagee, and its
assignees, provides notice to the debtor that the beneficiary or
mortgagee, and its assignees, intends to release its security in the
real property for less than full payment. The written notice to the
debtor must be substantially in the following form:
"To: [Name of debtor] DATE:
Please take note that [name of beneficiary or mortgagee, and its
assignees], in releasing its security interest in this owner-occupied
real property, reserves the right to collect that amount that
constitutes less than full payment of the secured debt. The amount of
debt outstanding as of the date of this letter is $. . . . . ..
However, nothing in this letter precludes the debtor from negotiating
with the [name of beneficiary or mortgagee, and its assignees] for a
full release of this outstanding debt.
If [name of beneficiary or mortgagee, and its assignees] does not
initiate a court action to collect the outstanding debt within three
years on the date which it released its security interest, the right to
collect the outstanding debt is forfeited."
(2)(a) If the beneficiary or mortgagee, and its assignees, of debt
secured by owner-occupied real property reserves the right to pursue
collection of the outstanding debt, in accordance with subsection (1)
of this section, it must initiate a court action to collect the
remaining debt within three years from the date on which it released
its deed of trust or mortgage in the owner-occupied real property or
else it forfeits any right to collect the remaining debt.
(b) If the beneficiary or mortgagee, and its assignees, of debt
secured by owner-occupied real property fails to provide the notice in
accordance with subsection (1) of this section, the beneficiary or
mortgagee, and its assignees, of debt secured by owner-occupied real
property must initiate a court action to collect the remaining debt
within three years of the date on which it released its security
interest in the real property for less than full payment or else it
forfeits any right to collect the remaining debt.
(3) This section applies only to debts incurred by individuals
primarily for personal, family, or household purposes. This section
does not apply to debts for business, commercial, or agricultural
purposes.
(4) For the purposes of this section, "owner-occupied real
property" means real property consisting solely of a single-family
residence, a residential condominium unit, or a residential cooperative
unit that is the principle residence of the debtor."
ESHB 2614 -
By Committee on Financial Institutions, Housing & Insurance
NOT ADOPTED 02/29/2012
On page 1, line 2 of the title, after "property" strike the remainder of the title and insert "; and adding a new section to chapter 64.04 RCW."