Delaware 150th General Assembly (2019-2020) Status: Enacted Bipartisan · 5 D · 1 R cosponsors

HB 68 — AN ACT TO AMEND CHAPTER 27, VOLUME 79 AND CHAPTER 74, VOLUME 81 OF THE LAWS OF DELAWARE AND TITLE 10 AND TITLE 29 OF THE DELAWARE CODE RELATING TO FORECLOSURE AND CONSUMER PROTECTION.

Last action — Signed by Governor

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 06, 2019. Enacted.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 12 sponsors

    4 primary, 8 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (5 D · 1 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

This Act extends the Automatic Residential Mortgage Foreclosure Mediation Program and the Office of Foreclosure Prevention and Financial Education through December 31, 2024. The Automatic Residential Mortgage Foreclosure Mediation Program and the Office of Foreclosure Prevention and Financial Education were established by 3 different Acts which each sunset after 2 years, based upon the effective date of each Act. The sunset periods have been extended for additional 2 year periods so that the Office of Foreclosure Prevention and Financial Education sunsets in September 2019; § 5062C and § 5062D of Title 10 sunset in January 2020; and § 5062A of Title 10 sunset in January 2019. In addition to providing a uniform date for the expiration of the entire Automatic Residential Mortgage Foreclosure Mediation Program and the Office of Foreclosure Prevention and Financial Education, this Act makes the expiration date a new subsection of each statute, so that the effective period of the law is clear and easily identified.

Bill Text

What changed in the latest version

14 added · 62 removed

14 line(s) added, 62 removed.

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Previous
Latest
Kowalko & Rep.
Kowalko HOUSE OF REPRESENTATIVES 150th GENERAL ASSEMBLY HOUSE AMENDMENT NO.
Ramone & Sen.
1 TO HOUSE BILL NO.
Lockman & Sen.
68 AMEND House Bill No.
Cloutier Reps.
68 by deleting line 24 in its entirety and inserting in lieu thereof the following:
Baumbach, Brady, Briggs King, Chukwuocha, Cooke, Osienski;
"(d) This section applies to the following mortgage foreclosure actions:
Sens.
(1) Actions filed on or after January 19, 2012, and before January 1, 2025.
Hansen, Pettyjohn HOUSE OF REPRESENTATIVES 150th GENERAL ASSEMBLY HOUSE BILL NO.
(2) Actions pending in the Superior Court on January 19, 2012, which have not gone to judgment or sale.".
68 AN ACT TO AMEND CHAPTER 27, VOLUME 79 AND CHAPTER 74, VOLUME 81 OF THE LAWS OF DELAWARE AND TITLE 10 AND TITLE 29 OF THE DELAWARE CODE RELATING TO FORECLOSURE AND CONSUMER PROTECTION.
FURTHER AMEND House Bill No.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
68 on line 29 by deleting "January 18, 2012," after "after" and before "and" therein and inserting in lieu thereof "January 19, 2012,".
Section 1.
FURTHER AMEND House Bill No.
Amend Section 10, Chapter 27, Volume 79 of the Laws of Delaware by making deletions as shown by strike through and insertions as shown by underline as follows:
68 on line 35 by deleting "January 18, 2012," after "after" and before "and" therein and inserting in lieu thereof "January 19, 2012, ".
Amend 78 Del.
SYNOPSIS This Amendment corrects the original effective dates and related provisions.
Laws, c.
199 § 3(b) (House Substitute No.
1 for House Bill No.
57, as amended by House Amendment No.
1, 146th General Assembly) by making insertions as shown by underlining and deletions as shown by strike through as follows:
(b) Section 5062A of Title 10 shall apply to:
(i) mortgage foreclosure actions commenced from the effective date of this Act to the date that is six years two years after such date;
and (ii) mortgage foreclosure actions commenced prior to the effective date of this Act that are pending in the Superior Court on such date and not yet gone to judgment or sale.
Section 2.
Amend Section 1, Chapter 74, Volume 81 of the Laws of Delaware by making deletions as shown by strike through and insertions as shown by underline as follows:
Amend 78 Del.
Laws c.
198, § 2 (House Bill No.
59, as amended by House Amendment No.
1, 146th General Assembly), by making deletions as shown by strike through and insertions as shown by underline as follows:
This Act shall be effective immediately upon its enactment into law and shall continue to have effect until the date that is two years eight years after such date.
Section 3.
Amend Section 2, Chapter 74, Volume 81 of the Laws of Delaware by making deletions as shown by strike through and insertions as shown by underline as follows:
Amend 78 Del.
Laws c.
200, § 4 (House Substitute No.
1 for House Bill No.
58, 146th General Assembly), by making deletions as shown by strike through and insertions as shown by underline as follows:
This Act shall take effect 120 days after its enactment into law and shall only apply to mortgage foreclosure actions commenced from the effective date of this Act to the date that is two years eight years after such date.
Act.
CM Page 1 of 2 Released:
CM Page 1 of 1 Released:
03/06/2019 10:25 AM Section 4.
03/28/2019 09:58 AM 5971500111
Amend § 5062A, Title 10 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
Show all 71 changed rows (31 more)
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Latest
§ 5062A.
Loss mitigation affidavit required.
(d) This section applies to mortgage foreclosure actions commenced on or before January 1, 2025.
(e) This section expires on January 1, 2025, unless terminated sooner or extended by the General Assembly.
Section 5.
Amend § 5062C, Title 10 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 5062C.
Residential Mortgage Foreclosure Mediation Program.
(u) This section applies to mortgage foreclosure actions commenced on or after January 18, 2012, and before January 1, 2025.
(v) This section expires on January 1, 2025, unless terminated sooner or extended by the General Assembly.
Section 6.
Amend § 5062D, Title 10 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 5062D.
Complaints and answers.
(d) This section applies to mortgage foreclosure actions commenced on or after January 18, 2012, and before January 1, 2025.
(e) This section expires on January 1, 2025, unless terminated sooner or extended by the General Assembly.
Section 7.
Amend § 2518, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 2518.
Office of Foreclosure Prevention and Financial Education.
(d) This section expires on January 1, 2025, unless terminated sooner or extended by the General Assembly.
SYNOPSIS This Act extends the Automatic Residential Mortgage Foreclosure Mediation Program and the Office of Foreclosure Prevention and Financial Education through December 31, 2024.
The Automatic Residential Mortgage Foreclosure Mediation Program and the Office of Foreclosure Prevention and Financial Education were established by 3 different Acts which each sunset after 2 years, based upon the effective date of each Act.
The sunset periods have been extended for additional 2 year periods so that the Office of Foreclosure Prevention and Financial Education sunsets in September 2019;
§ 5062C and § 5062D of Title 10 sunset in January 2020;
and § 5062A of Title 10 sunset in January 2019.
In addition to providing a uniform date for the expiration of the entire Automatic Residential Mortgage Foreclosure Mediation Program and the Office of Foreclosure Prevention and Financial Education, this Act makes the expiration date a new subsection of each statute, so that the effective period of the law is clear and easily identified.
LC :
DIG :
CM Page 2 of 2 Released:
03/06/2019 10:25 AM 5971500072
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Action History

  1. Signed by Governor

  2. Passed By Senate. Votes: 21 YES

  3. Reported Out of Committee (Banking, Business & Insurance) in Senate with 1 Favorable, 3 On Its Merits

  4. Assigned to Banking, Business & Insurance Committee in Senate

  5. Passed By House. Votes: 36 YES 5 ABSENT

  6. Amendment HA 1 to HB 68 - Passed In House by Voice Vote

  7. Amendment HA 1 to HB 68 - Introduced and Placed With Bill

  8. Reported Out of Committee (Housing & Community Affairs) in House with 1 Favorable, 6 On Its Merits

  9. Introduced and Assigned to Housing & Community Affairs Committee in House

Sponsors

Sponsorship breakdown

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4 sponsors · 8 co-sponsors · 50 not signed on

Sponsors (4)

Co-sponsors (8)

Not signed on (50)

50 members have not signed on to this bill.

Show all 50 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SM

Passed 21 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Democratic 9000
Republican 5000
Total 21000
% of votes cast 100%0%0%0%
How each member voted (21)
Member Party Vote
Anthony Delcollo — Yea
Bruce C. Ennis — Yea
Catherine Cloutier — Yea
Colin Bonini — Yea
David B. McBride — Yea
Ernesto B Lopez — Yea
Harris B. McDowell — Yea
Bryan Townsend Democratic Yea
Darius J. Brown Democratic Yea
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Laura V. Sturgeon Democratic Yea
Nicole Poore Democratic Yea
S. Elizabeth Lockman Democratic Yea
Stephanie L. Hansen Democratic Yea
Trey Paradee Democratic Yea
Brian Pettyjohn Republican Yea
Bryant L. Richardson Republican Yea
Dave G. Lawson Republican Yea
David L. Wilson Republican Yea
Gerald W. Hocker Republican Yea

Official roll call →

SM

Passed 36 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 15002
Democratic 10002
Republican 11001
Total 36005
% of votes cast 88%0%0%12%
How each member voted (41)
Member Party Vote
Andria L. Bennett — Not Voting
David Bentz — Yea
Earl G. Jaques Jr. — Yea
Gerald L. Brady — Yea
John A. Kowalko — Yea
John J. Viola — Yea
John L. Mitchell — Yea
Michael Ramone — Yea
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Quinton Johnson — Not Voting
Raymond Seigfried — Yea
Ruth Briggs King — Yea
Sean Matthews — Yea
Sherry Dorsey Walker — Yea
Stephen Smyk — Yea
Valerie Longhurst — Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Franklin D. Cooke Democratic Yea
Kendra Johnson Democratic Yea
Kimberly Williams Democratic Yea
Krista Griffith Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Not Voting
Stephanie T. Bolden Democratic Yea
William Bush Democratic Not Voting
William J. Carson Democratic Yea
Bryan W. Shupe Republican Yea
Charles S Postles Jr. Republican Yea
Daniel B. Short Republican Yea
Jeffrey N. Spiegelman Republican Yea
Jesse R. Vanderwende Republican Yea
Kevin S Hensley Republican Yea
Lyndon D. Yearick Republican Yea
Michael F. Smith Republican Yea
Richard G. Collins Republican Yea
Ronald E. Gray Republican Yea
Shannon Morris Republican Yea
Timothy D. Dukes Republican Not Voting

Official roll call →

Subjects

finance housing
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 68 do?
This Act extends the Automatic Residential Mortgage Foreclosure Mediation Program and the Office of Foreclosure Prevention and Financial Education through December 31, 2024. The Automatic Residential Mortgage Foreclosure Mediation Program and the Office of Foreclosure Prevention and Financial Education were established by 3 different Acts which each sunset after 2 years, based upon the effective date of each Act. The sunset periods have been extended for additional 2 year periods so that the Office of Foreclosure Prevention and Financial Education sunsets in September 2019; § 5062C and § 5062D of Title 10 sunset in January 2020; and § 5062A of Title 10 sunset in January 2019. In addition to providing a uniform date for the expiration of the entire Automatic Residential Mortgage Foreclosure Mediation Program and the Office of Foreclosure Prevention and Financial Education, this Act makes the expiration date a new subsection of each statute, so that the effective period of the law is clear and easily identified.
Who sponsors HB 68?
HB 68 is sponsored by Edward S. Osienski (Democratic), Franklin D. Cooke (Democratic), Nnamdi O. Chukwuocha (Democratic), Brian Pettyjohn (Republican), Stephanie L. Hansen (Democratic), S. Elizabeth Lockman (Democratic), Gerald L. Brady, Ruth Briggs King, John A. Kowalko, Catherine Cloutier, Michael Ramone, and Paul S. Baumbach.
What is the current status of HB 68?
This bill has been enacted into law. Introduced March 06, 2019. Enacted.
Where can I track HB 68?
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