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AZ HB2327
Bill
Status
1/17/2012
Primary Sponsor
Chad Campbell
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AI Summary
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Establishes comprehensive regulations for "equity purchasers" who acquire foreclosed or defaulted residential properties, requiring written contracts with specific disclosures in at least 12-point boldface type and a 5-business-day cancellation period.
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Prohibits equity purchasers from recording deeds, transferring property interests, or paying consideration to sellers during the 5-business-day cancellation period, and bans false or misleading statements about property value, foreclosure timing, and contract terms.
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Deems transactions with repurchase options or reconveyance arrangements as mortgage loans subject to state lending laws, requiring verification of seller's ability to repay and prohibiting unconscionable terms.
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Requires equity purchasers in reconveyance arrangements to either reconvey title to the seller or pay at least 82% of fair market value within 120 days after the seller vacates, with detailed accounting of expenses.
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Prohibits unlicensed persons from acting as "foreclosure consultants" offering to stop foreclosures or help homeowners, with exemptions for licensed professionals, nonprofit counseling organizations, and government agencies; violations subject to civil penalties up to $25,000 and criminal penalties.
Legislative Description
Foreclosure; equity purchasers; mortgage consultants
Last Action
Referred to House BI Committee
1/18/2012