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AZ HB2728
Bill
Status
2/10/2010
Primary Sponsor
Ben Miranda
Click for details
AI Summary
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Requires equity purchasers (persons acquiring title to residential properties in foreclosure, default, or trustee sale) to be licensed under title 6, chapter 9, articles 1 or 2 of Arizona Revised Statutes.
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Mandates covered contracts between equity purchasers and equity sellers be in writing with 12-point boldfaced type, include specific terms (consideration, payment terms, possession transfer, reconveyance arrangements), and provide a 5 business day cancellation period with attached notice of cancellation form.
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Prohibits equity purchasers from making false or misleading statements about property value, foreclosure proceeds, timing of foreclosure, contract terms, or seller's rights; also prohibits misrepresenting themselves as acting on behalf of the seller or assisting to save the house without good faith basis.
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Establishes requirements for reconveyance arrangements including verification of seller's ability to pay, in-person closing with licensed escrow agent or independent attorney, written consent for property transfers, and payment to seller of at least 82% of fair market value within 120 days or reconveyance of title.
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Provides equity sellers right to rescind transactions within 2 years for material violations, allows civil actions for damages plus up to 3 times actual damages, and establishes criminal penalties ranging from class 1 misdemeanor to class 5 felony with fines up to $25,000.
Legislative Description
Home equity purchasers; licensure; regulation
Last Action
Referred to House BI Committee
2/11/2010