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Utah House circles bill that would end quick nonjudicial foreclosures for assessment-area liens

Utah House of Representatives · January 29, 2016
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

Lawmakers debated first substitute HB 17, which would limit foreclosure remedies for assessment-area 'super liens' to judicial foreclosure or tax remedies and preserve existing bonds; supporters cited property-rights concerns, opponents warned of possible bond-rating impacts. The House voted to circle the bill for later consideration.

Representative Web, the bill sponsor, told the House that first substitute HB 17 would remove a fast-track nonjudicial foreclosure remedy now used on certain assessment-area liens and require either tax-style foreclosure or a judicial foreclosure going forward. "This bill changes that," the sponsor said, "It says you can only f you can foreclose it only 2 ways. 1 as a tax, the same as a property tax or you have to go to court through a judicial process." The sponsor said the change is intended to prevent what he called an inappropriate shortcut that allows a "super lien" to take priority and then use an expedited trustee foreclosure to seize property.

Opponents and questioners pressed the sponsor on the practical effects. Representative McKay asked whether…

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