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AZ HB2634
Bill
Status
2/13/2013
Primary Sponsor
Debbie McCune-Davis
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AI Summary
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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.
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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.
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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.
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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.
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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