Loading chat...

AZ HB2728

Bill

Status

Introduced

2/10/2010

Primary Sponsor

Ben Miranda

Click for details

Origin

House of Representatives

Forty-ninth Legislature - Second Regular Session (2010)

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Full Bill Text

No bill text available