Loading chat...

AZ SB1130

Bill

Status

Passed

4/23/2010

Primary Sponsor

John Nelson

Click for details

Origin

Senate

Forty-ninth Legislature - Second Regular Session (2010)

AI Summary

  • Establishes regulatory framework for foreclosure consultants in Arizona by adding Article 22 to Title 44, Chapter 9 of Arizona Revised Statutes.

  • 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.

  • 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.

  • 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.

  • 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

Full Bill Text

No bill text available