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DE SB42

Bill

Status

Passed

9/21/2011

Primary Sponsor

Gerald Brady

Click for details

Origin

Senate

146th General Assembly

AI Summary

  • Amends foreclosure consultant regulations by replacing "residence in foreclosure" with "residence in default" (defined as property with mortgage 60+ days in default) throughout Title 6 sections 402B, 403B, 413B, and 415B.

  • Creates new Chapter 24C establishing registration and regulatory framework for mortgage loan modification services providers, requiring $1,000 non-refundable registration fee and $100,000 corporate surety bond.

  • Requires written contracts with mortgage modification providers that must be provided 24 hours before signing, printed in 12-point font, and allow cancellation at any time without penalty.

  • Prohibits providers from misrepresenting affiliation with government, lenders, or housing counselors; claiming homeowners cannot contact lenders; or collecting fees before written loan modification agreement is executed.

  • Grants Attorney General enforcement authority with civil penalties up to $10,000 per violation ($20,000 for violations against elderly or disabled persons), with each day of willful violation counted separately; becomes effective 6 months after enactment.

Legislative Description

An Act To Amend Title 6 Of The Delaware Code Relating To Foreclosure Consultants And Mortgage Modification Service Providers.

Last Action

Signed by Governor

9/21/2011

Committee Referrals

Economic Development/Banking/Insurance/Commerce6/7/2011
Banking3/29/2011

Full Bill Text

No bill text available