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NY A02378

Bill

Status

Introduced

1/18/2011

Primary Sponsor

Barbara Clark

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Origin

Assembly

2011-2012 General Assembly

AI Summary

  • Establishes the "Home Equity Fraud Act" to protect senior citizens and minority homeowners from predatory lending practices targeting home equity through high-cost, high-interest mortgages.

  • Prohibits mortgage brokers and bankers from engaging in home improvement contract activities without full written disclosure and agreement from all parties, and caps broker fees at the greater of $500 or 3% of loan value.

  • Restricts mortgage provisions on primary residences by prohibiting balloon payments, negative amortization schedules, and interest rate increases after default.

  • Extends the home improvement contract cancellation period from 3 to 15 business days and requires homeowners receive written notice of cancellation rights at contract signing.

  • Requires mortgage lenders to disclose whether loans will be sold and provide foreclosure notice with homeowner defense information; establishes affirmative defenses for borrowers refinancing long-owned residences based on inability to repay and violations of lending law provisions.

Legislative Description

Enacts the "Home Equity Fraud Act" to control improper activities by home improvement contractors and finance companies; prohibits mortgage brokers or agents from acting as home improvement contractors; provides additional protections for mortgagors and home owners.

Last Action

referred to banks

1/4/2012

Committee Referrals

Banks1/18/2011

Full Bill Text

No bill text available