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General Assembly Raised Bill No. 6593
January Session, 2021
LCO No. 4239
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT PROTECTING A MORTGAGOR FROM AN UN REASONABLE
INVASION OF HIS OR HER PRIVACY BY A MORT GAGE HOLDER.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective October 1, 2021) (a) As used in this section: 1
(1) "Mortgage" means a mortgage deed, deed of trust or other 2
equivalent consensual security interest on residential real property 3
securing a loan made primarily for personal, family or household 4
purposes that is first in priority over any other mortgages or liens 5
encumbering the residential real property, except those liens that are 6
given priority over a mortgage pursuant to state or federal law; 7
(2) "Mortgagee" means the owner or servicer of the debt secured by a 8
mortgage; 9
(3) "Mortgagor" means the owner-occupant of residential real 10
property located in this state who is also the borrower under the loan 11
that is secured by a mortgage and includes the heirs or assigns of the 12
mortgagor; and 13 Raised Bill No. 6593
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(4) "Residential real property" means a one-to-four-family dwelling 14
occupied as a residence by a mortgagor. 15
(b) No property preservation clause set forth in any mortgage 16
permitting the mortgagee the right to secure, preserve or protect the 17
residential real property shall be construed as to permit the mortgagee, 18
or any agent, employee or representative of the mortgagee, to enter 19
upon the residential real property without the permission of the owner, 20
occupant or mortgagor or an order of the superior court for the judicial 21
district in which the property is situated. 22
(c) No mortgagee or any agent, employee or representative of the 23
mortgagee shall enter upon the residential real property secured by the 24
mortgage without the permission of the owner, occupant or mortgagor 25
or an order of the superior court for the judicial district in which the 26
property is situated. 27
(d) On and after October 1, 2021, no mortgagee shall require a 28
mortgagor, as a condition of obtaining a loan, to agree that a mortgagee, 29
or assignee of such mortgagee, has any right to enter the residential real 30
property secured by the mortgage without the permission of the owner, 31
occupant or mortgagor or an order of the superior court for the judicial 32
district in which the property is situated. 33
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2021 New section
JUD Joint Favorable