Date: 04/02/2015

Final
BILL SUMMARY for HB15-1311

HOUSE COMMITTEE ON LOCAL GOVERNMENT

Votes: View--> Action Taken:
Postpone House Bill 15-1311 indefinitely. The motiPASS



10:02 AM -- HB15-1311

Representative McCann, sponsor, presented and summarized HB15-1311 concerning the duties of the public trustee in administering foreclosure sales, and, in connection therewith, requiring that the public trustee provide all interested parties with information about the applicable law. The bill requires a public trustee to include an information sheet with any notices of a foreclosure to all persons with interest in the property. The information sheet must include the following information: a summary of the key provisions of specific state laws governing foreclosures; instructions on how to obtain copies of the entire text of the laws; the electronic address for the Colorado General Assembly's website; and a disclaimer, at the top of each page, stating that the information sheet is not legal advice and is provided for information only. The information sheet must be approved initially by the Office of the Attorney General, and approved again anytime there is a change in the language of the relevant sections of law.

Representative McCann distributed a handout to the committee members detailing an example of the information sheet (Attachment A) and a copy of the current statutes related to foreclosure notices (Attachment B).

15HouseLocal0402AttachA.pdf15HouseLocal0402AttachA.pdf 15HouseLocal0402AttachB.pdf15HouseLocal0402AttachB.pdf

Representative McCann answered questions from the committee concerning access to foreclosure information.

10:15 AM -- Bill Wallace, Summit County Public Trustee and Treasurer, spoke in favor of the bill. He discussed current law regarding the process of a foreclosure. Mr. Wallace said that an information sheet is needed to provide property owners with information. He told a story of his experiences with the property owners in his county regarding foreclosure issues.


10:27 AM

Mr. Wallace answered questions on the review of the information sheet by the Office of the Attorney General. He also answered questions regarding whether a copy of related statutes should also be sent with a notice.

The committee members discussed the need to access information on foreclosure laws.


10:37 AM

The committee and Mr. Wallace continued to discuss the access to foreclosure information.

Mr. Wallace answered questions regarding the costs related to foreclosures.

10:46 AM -- Catherine Hance and Dan Sweetser, representing the Colorado Bar Association, spoke in opposition to the bill. Ms. Hance discussed the current law and answered previous questions regarding the statutory provisions sent to the homeowner. She expressed her concerns that a summary of the law might lead to potential litigation.

Mr. Sweetser discussed his concerns with potential litigation regarding an information sheet.


10:55 AM

Ms. Hance answered questions from the committee regarding the requirements of public trustees and banks during the foreclosure process. She also answered questions regarding the current information provided to a property owner during a foreclosure.

The committee members discussed the contents of current information provided to a homeowner facing foreclosure.

Ms. Hance and Mr. Sweetzer answered questions from the committee regarding information included in a summary and the inclusion of a disclaimer.

11:06 AM -- Debra Johnsen, Public Trustee of Denver County, spoke in favor of the bill. She discussed previous questions concerning the information sheet.

Ms. Johnsen answered questions from the committee regarding the notification requirements of the public trustee.


11:15 AM

The committee recessed.


11:20 AM

The committee returned from recess.

Representative McCann provided closing comments and requested the committee postpone the bill indefinitely.

The committee members provided closing comments on the bill.
BILL:HB15-1311
TIME: 11:25:07 AM
MOVED:Lebsock
MOTION:Postpone House Bill 15-1311 indefinitely. The motion passed on a vote of 10-1.
SECONDED:Rosenthal
VOTE
Arndt
Yes
Danielson
Yes
Keyser
Yes
Klingenschmitt
Yes
Navarro
Yes
Ransom
Yes
Rosenthal
Yes
Saine
Yes
Singer
No
Lebsock
Yes
Fields
Yes
FINAL YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS



11:26 AM

 The committee adjourned.