Colorado 2024 Regular Session

Colorado House Bill HB1011

Introduced
1/10/24  
Introduced
1/10/24  
Report Pass
1/31/24  
Refer
1/10/24  
Report Pass
1/31/24  
Engrossed
2/9/24  
Refer
1/31/24  
Engrossed
2/9/24  
Report Pass
3/26/24  
Refer
2/9/24  
Report Pass
3/26/24  
Enrolled
4/5/24  
Refer
3/26/24  
Engrossed
5/2/24  
Enrolled
4/5/24  
Engrossed
5/2/24  
Enrolled
5/3/24  
Engrossed
5/2/24  
Passed
5/17/24  
Enrolled
5/3/24  

Caption

Mortgage Servicers Disburse Insurance Proceeds

Impact

This bill is expected to significantly influence the operations of mortgage servicers and the rights of borrowers in Colorado. It stipulates timelines for the disbursement of proceeds, with an initial requirement for servicers to process the first disbursement within specified periods depending on the nature of the mortgage. This could enhance borrowers' ability to manage repairs more effectively and ensure quicker restoration of their homes, as proceeds must be released in accordance with the progress of repair work under approved plans.

Summary

House Bill 1011 is designed to establish specific regulations governing the disbursement of insurance proceeds by mortgage servicers to borrowers in the event that insured residential properties suffer damage or destruction. The bill mandates mortgage servicers to promptly disclose the conditions under which they will disburse these proceeds, ensuring greater transparency and support for borrowers whose properties are affected by disasters or accidents. It requires that the insured residential properties be evaluated and that disbursement amounts be based on a repair or rebuild plan submitted by the borrower after consultation with their contractor.

Sentiment

The sentiment around HB 1011 appears to be largely supportive among consumer advocacy groups and many homeowners, who view it as a necessary measure to protect their financial interests and promote prompt repairs following property damage. However, there may also be concerns among mortgage servicers regarding the administrative burden and regulatory compliance associated with these new requirements. Some stakeholders argue that too much regulation might hinder operational flexibility.

Contention

Notable points of contention include concerns about the potential for delays in disbursement processes and the financial implications for servicers, who may face challenges in managing cash flow while adhering to the strict timelines outlined in the bill. Mortgage servicers may also be apprehensive about their liabilities in case of disputes regarding repairs or the adequacy of funds released. The balance between ensuring timely assistance to homeowners and maintaining operational efficiencies for servicers is likely to be a focal point of ongoing discussions regarding the bill.

Companion Bills

No companion bills found.

Previously Filed As

CO AB493

Mortgages: hazard insurance proceeds.

CO HB1064

Provides relative to the deposit and disbursement of insurance proceeds

CO HB1023

Provides relative to the deposit and disbursement of insurance proceeds

CO SB1142

Relating To Insurance Proceeds.

CO HB1047

Relating To Interest On Insurance Proceeds Related To A Mortgage Loan.

CO HB805

Provides for insurance proceeds disbursement plans

CO SB1366

Relating To Interest On Insurance Proceeds Related To A Mortgage Loan.

CO SB432

Provides for payment of insurance proceeds jointly to the mortgagee and the mortgagor of damaged residential property. (8/1/22)

CO SB159

Provides for payment of insurance proceeds jointly to the mortgagee and the mortgagor of damaged residential property. (8/1/17)

CO SB1462

Subdivisions: disbursements of deposits.

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