Amendments for HB08-1365
 

House Journal, April 4
49 HB08-1365 be amended as follows, and as so amended, be referred to
50 the Committee on Finance with favorable
51 recommendation:
52
53 Amend printed bill, page 2, strike lines 8 through 11 and substitute the
54 following:
55 "(a) "JUNIOR LIENOR" HAS THE SAME MEANING AS SET FORTH IN
56 SECTION 38-38-100.3 (12), C.R.S.";
1 strike lines 17 and 18.
2
3 Page 3, strike lines 1 through 3 and substitute the following:
4
5 "(2) A PLAINTIFF MAY COMMENCE A SINGLE JUDICIAL
6 FORECLOSURE ACTION PURSUANT TO SECTION 38-33.3-316 (11), JOINING
7 AS DEFENDANTS MULTIPLE OBLIGORS WITH SEPARATE TIME SHARE
8 ESTATES AND THE JUNIOR LIENORS THERETO, IF:";
9
10 line 4, after "THE", insert "JUDICIAL";
11
12 strike lines 6 through 24 and substitute the following:
13
14 "(b) THE DECLARATION GIVING RISE TO THE RIGHT OF THE
15 ASSOCIATION TO COLLECT ASSESSMENTS CREATES DEFAULT AND REMEDY
16 OBLIGATIONS THAT ARE SUBSTANTIALLY THE SAME FOR EACH OBLIGOR
17 NAMED AS A DEFENDANT IN THE JUDICIAL FORECLOSURE ACTION;
18
19 (c) THE ACTION IS LIMITED TO A CLAIM FOR JUDICIAL
20 FORECLOSURE BROUGHT PURSUANT TO SECTION 38-33.3-316 (11); AND
21
22 (d) THE PLAINTIFF DOES NOT ALLEGE, WITH RESPECT TO ANY
23 OBLIGOR, THAT THE ASSOCIATION'S LIEN IS PRIOR TO ANY SECURITY
24 INTEREST DESCRIBED IN SECTION 38-33.3-316 (2) (a) (II), EVEN IF SUCH A
25 CLAIM COULD BE MADE PURSUANT TO SECTION 38-33.3-316 (2) (b) (I).
26
27 (3) IN A JUDICIAL FORECLOSURE ACTION IN WHICH MULTIPLE
28 OBLIGORS WITH SEPARATE TIME SHARE ESTATES AND THE JUNIOR LIENORS
29 THERETO HAVE BEEN JOINED AS DEFENDANTS IN ACCORDANCE WITH THIS
30 SECTION:
31
32 (a) IN ADDITION TO ANY OTHER CIRCUMSTANCES WHERE
33 SEVERANCE IS PROPER UNDER THE COLORADO RULES OF CIVIL PROCEDURE,
34 THE COURT MAY SEVER FOR SEPARATE TRIAL ANY DISPUTED CLAIM OR
35 CLAIMS;
36
37 (b) IF SERVICE BY PUBLICATION OF TWO OR MORE DEFENDANTS IS
38 PERMITTED BY LAW, THE PLAINTIFF MAY PUBLISH A SINGLE NOTICE FOR
39 ALL JOINED DEFENDANTS FOR WHOM SERVICE BY PUBLICATION IS
40 PERMITTED, SO LONG AS ALL INFORMATION THAT WOULD BE REQUIRED BY
41 LAW TO BE PROVIDED IN THE PUBLISHED NOTICE AS TO EACH DEFENDANT
42 INDIVIDUALLY IS INCLUDED IN THE COMBINED PUBLISHED NOTICE.
43 NOTHING IN THIS PARAGRAPH (b) SHALL BE INTERPRETED TO ALLOW
44 SERVICE BY PUBLICATION OF ANY DEFENDANT IF SERVICE BY PUBLICATION
45 IS NOT OTHERWISE PERMITTED BY LAW WITH RESPECT TO THAT
46 DEFENDANT; AND
47
48 (c) THE ACTION SHALL BE DEEMED A SINGLE ACTION, SUIT, OR
49 PROCEEDING FOR PURPOSES OF PAYMENT OF FILING FEES,
50 NOTWITHSTANDING ANY ACTION BY THE COURT PURSUANT TO PARAGRAPH
51 (a) OF THIS SUBSECTION (3), SO LONG AS THE PLAINTIFF COMPLIES WITH
52 SUBSECTION (2) OF THIS SECTION.
53
54 (4) NOTWITHSTANDING THAT MULTIPLE OBLIGORS WITH SEPARATE
55 TIME SHARE ESTATES MAY BE JOINED IN A SINGLE JUDICIAL FORECLOSURE
56 ACTION, UNLESS OTHERWISE ORDERED BY THE COURT, EACH TIME SHARE
1 ESTATE FORECLOSED PURSUANT TO THIS SECTION SHALL BE SUBJECT TO A
2 SEPARATE FORECLOSURE SALE, AND ANY CURE OR REDEMPTION RIGHTS
3 WITH RESPECT TO SUCH TIME SHARE ESTATE SHALL REMAIN SEPARATE.
4
5 (5) THE PLAINTIFF IN AN ACTION BROUGHT PURSUANT TO THIS
6 SECTION IS DEEMED TO WAIVE ANY CLAIMS AGAINST A DEFENDANT FOR A
7 DEFICIENCY REMAINING AFTER THE FORECLOSURE OF THE LIEN FOR
8 ASSESSMENT AND FOR ATTORNEY FEES RELATED TO THE FORECLOSURE
9 ACTION.".
10
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