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DE SB42
Bill
AI Summary
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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.
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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.
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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.
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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.
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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