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MS HB75
Bill
Status
3/6/2012
Primary Sponsor
John Hines
Click for details
AI Summary
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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.
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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.
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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.
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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.
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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