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MS HB75

Bill

Status

Failed

3/6/2012

Primary Sponsor

John Hines

Click for details

Origin

House of Representatives

2012 Regular Session

AI Summary

  • Creates the Mississippi Foreclosure Rescue Business Act to regulate foreclosure-rescue consultants and equity purchasers, protecting homeowners vulnerable to fraud and deceptive practices in foreclosure situations.

  • Requires foreclosure-rescue consultants to execute written agreements in 12-point uppercase type with homeowners before providing services and prohibits collecting payment until all promised services are completed.

  • Grants homeowners a 3-business-day cancellation period for foreclosure-rescue service agreements and a 3-business-day cancellation right for foreclosure-rescue transactions, with all payments refunded within 10 business days if cancelled.

  • Mandates written foreclosure-rescue transaction agreements include property details, financial obligations, total consideration, payment terms, and possession transfer date; establishes a 30-day cure period for homeowners to remedy contract defaults up to 3 times.

  • Establishes a rebuttable presumption that foreclosure-rescue transactions with repurchase options are loans rather than sales; prohibits repurchase prices exceeding 17% annual return on the equity purchaser's total investment; violations subject to penalties up to $15,000 per violation.

Legislative Description

Mortgage Foreclosure Rescue Business Act; create.

Last Action

Died In Committee

3/6/2012

Full Bill Text

No bill text available