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AZ SB1130
Bill
Status
4/23/2010
Primary Sponsor
John Nelson
Click for details
AI Summary
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Establishes regulatory framework for foreclosure consultants in Arizona by adding Article 22 to Title 44, Chapter 9 of Arizona Revised Statutes.
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Defines "foreclosure consultant" as any person who performs covered services (financial counseling, contacting creditors, arranging loan extensions, filing bankruptcy documents, etc.) for compensation to prevent foreclosure or assist homeowners in foreclosure.
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Prohibits foreclosure consultants from charging fees until services are fully performed, taking liens or security interests in the property, acquiring interest in the residence, accepting powers of attorney, or receiving undisclosed consideration from third parties.
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Requires foreclosure consulting contracts to be in writing, provided 24 hours before signing, printed in at least 12-point type, notarized, and fully disclose the nature of services and total compensation; homeowners have right to cancel within three business days.
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Provides remedies including homeowner civil action for damages plus attorney fees, punitive damages of at least 1.5 times actual damages, and criminal penalties for fraud (class 1 misdemeanor); allows Attorney General and county attorneys to enforce provisions.
Legislative Description
Foreclosure consultants
Last Action
Governor Signed
4/23/2010