The bill clarifies recording requirements for clerks with and without eRecording Systems in place. If eRecording system is in place, the clerk shall follow the provisions of the Uniform Real Property Electronic Recording Act. The bill further provides that if a clerk does not have an eRecording System, the clerk shall record a legible paper copy of an electronic document, provided that such copy otherwise meets the requirements for recordation and is certified to be a true and accurate copy of the electronic original by the party who submits the document for recordation.
Additionally, the bill requires an electronic notarial certificate to include the county or city in the Commonwealth where the notary public was physically located and indicate whether the notarization was done in person or by remote online notarization, defined in the bill as an electronic notarization where the signer is not in the physical presence of the notary. The bill also adds additional forms of "satisfactory evidence of identity" when a notary is using video and audio communication. Document Link
The new state bill is increasing the period for a foreclosure sale notices from 14 to 60 days and is requiring such notices to include information about the housing counseling. It also requires that an affidavit signed by the party that provided notice of the sale to the owner confirming that such notice was sent to the owner, with a copy of such notice attached to the affidavit. The foreclosure-related notice requirements will go into effect on October 1st, 2021.
This bill also provides several additional protections to the owners and tenants of manufactured homes, including restrictions for enforcement of judgment liens when the debt is less than $25,000 and providing additional notices about state housing rights and counseling.
Servicers shall be aware that the modified pre-foreclosure sale notice requirements will extend the overall foreclosure timelines. Document Link
The Pennsylvania Housing Finance Agency sent out an email blast to lenders’ counsel stating that if monies designated under PMAP (the Pandemic Mortgage Assistance Program) can’t be applied to the months designated under the program by the lenders, the funds are to be returned. Please contact Christopher DeNardo for assistance in PA and NJ.
Cryan-Singleton Bill (S.B. 2961) mandates that, at the time the lender/servicer sends a Notice of Intent to Foreclose, a borrower must receive written notice from the lender of the option to participate in the NJ Foreclosure Mediation Program, and again when a mortgage foreclosure complaint has been filed. This notice must include information that obtaining a trained foreclosure prevention counselor is a requisite to participating in mediation, and that the borrower is not required to pay any fees to participate in the mediation program. The Notice has to be in English and Spanish. This law will be effective September 1, 2021.