443.923. Effect of mortgage modification. — 1. For a mortgage modification described in subsection 2 of this section:
(1) The mortgage continues to secure the obligation as modified;
(2) The priority of the mortgage is not affected by the modification;
(3) The mortgage retains its priority regardless of whether a record of the mortgage modification is recorded in the public land records; and
(4) The modification is not a novation.
2. Subsection 1 of this section applies to one or more of the following mortgage modifications:
(1) An extension of the maturity date of an obligation;
(2) A decrease in the interest rate of an obligation;
(3) If the change does not result in an increase in the interest rate of an obligation as calculated on the date the modification becomes effective:
(a) A change to a different index that is a recognized index if the previous index to which changes in the interest rate were linked is no longer available;
(b) A change in the differential between the index and the interest rate;
(c) A change from a floating or adjustable rate to a fixed rate; or
(d) A change from a fixed rate to a floating or adjustable rate based on a recognized index;
(4) A capitalization of unpaid interest or other unpaid monetary obligation;
(5) A forgiveness, forbearance, or other reduction of principal, accrued interest, or other monetary obligation;
(6) A modification of a requirement for maintaining an escrow or reserve account for payment of an obligation, including taxes and insurance premiums;
(7) A modification of a requirement for acquiring or maintaining insurance;
(8) A modification of an existing condition to advance funds;
(9) A modification of a financial covenant; and
(10) A modification of the payment amount or schedule resulting from another modification described in this subsection.
3. The effect of a mortgage modification not described in subsection 2 of this section is governed by other law.
--------
(L. 2026 H.B. 2636 merged with S.B. 834)
Severability clause, see §§ 1.1004 and 443.927