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AZ HB2634

Bill

Status

Introduced

2/13/2013

Primary Sponsor

Debbie McCune-Davis

Click for details

Origin

House of Representatives

Fifty-first Legislature - First Regular Session (2013)

AI Summary

  • Establishes a foreclosure prevention program for first liens on owner-occupied residential properties requiring beneficiaries to provide notice of default with information about loan modification options, payment history, and deed of trust documentation.

  • Requires beneficiaries to acknowledge receipt of foreclosure prevention assistance applications within three business days, notify applicants of document deficiencies within five business days, and establish a single point of contact for each applicant.

  • Prohibits beneficiaries from assessing late fees, collecting penalties, or recording notices of trustee's sale while a borrower's application for loan modification or foreclosure prevention assistance is pending.

  • Allows foreclosure to proceed only after beneficiary offers loan modification (with 15-day waiting period if declined), denies assistance (with 30-day waiting period plus appeal process), or borrower defaults on executed modification agreement.

  • Provides enforcement mechanisms including injunctive relief for borrowers before trustee's deed is recorded, treble damages or $50,000 for intentional violations after foreclosure, and authorizes Attorney General enforcement actions.

Legislative Description

Residential foreclosure prevention assistance

Last Action

Referred to House FI Committee

2/14/2013

Full Bill Text

No bill text available