Section 479-B:7 – Maintenance of Rights Against Transferee.
479-B:7 Maintenance of Rights Against Transferee. – I. Any agreement, encumbrance, assignment or transfer of any interest in violation of this chapter shall be voidable at the option of the homeowner, until the time of a completed conveyance to a third party. II. No action shall be brought under this chapter more than 3 […]
Section 479-B:8 – Violation of the Consumer Protection Act.
479-B:8 Violation of the Consumer Protection Act. – A violation of this chapter is considered to be a violation of the New Hampshire consumer protection act, RSA 358-A, and all remedies of the consumer protection act are available for such violations. Source. 2007, 322:1, eff. July 16, 2007.
Section 479-B:9 – Criminal Penalties.
479-B:9 Criminal Penalties. – A person who violates any provision of this chapter is guilty of a class A misdemeanor. Source. 2007, 322:1, eff. July 16, 2007.
Section 479-B:10 – Contracts and Notices.
479-B:10 Contracts and Notices. – I. All disclosures, contracts, and notices required by this chapter shall be made clearly and conspicuously in language comprehensible by persons without training or knowledge in the area of real property and finance. II. All notices required by this chapter, other than the homeowner’s notice that he or she […]
Section 479-B:11 – Exemptions.
479-B:11 Exemptions. – I. The provisions of this chapter shall not apply to: (a) A duly licensed attorney at law acting on behalf of a client; (b) A person who holds or is owed an obligation secured by a lien on any residence in foreclosure while the person performs services in connection with the […]
Section 479-B:3 – Pre-Foreclosure Conveyances.
479-B:3 Pre-Foreclosure Conveyances. – I. No pre-foreclosure conveyance shall transfer any interest in real property unless the homeowner has received, at least 72 hours prior to his or her execution of conveyance documents, a document entitled "notice of loss of ownership." II. The document entitled "notice of loss of ownership" shall: (a) Contain the […]
Section 479-B:4 – Right of Cancellation.
479-B:4 Right of Cancellation. – I. In addition to any other right under law to cancel or rescind a contract, a homeowner has the unconditional right to: (a) Cancel a foreclosure consulting contract at any time; and (b) Cancel a pre-foreclosure conveyance at any time before midnight of the fifth business day after the […]
Section 479-B:5 – Unlawful Practices.
479-B:5 Unlawful Practices. – I. A foreclosure consultant shall have a fiduciary duty to the homeowner who retains his or her services and shall not act contrary to the interest of the homeowner. II. A foreclosure consultant may not: (a) Enter any agreement or provide any services on behalf of a homeowner until the […]
Section 479-B:6 – Waiver of Rights Prohibited.
479-B:6 Waiver of Rights Prohibited. – I. A person may not induce or attempt to induce a homeowner to waive the homeowner’s rights under this chapter. II. Any waiver by a homeowner of the provisions of this chapter is void and unenforceable as contrary to public policy. Source. 2007, 322:1, eff. July 16, 2007.
Section 479-A:25 – Disposition of Property; Destruction or Damage.
479-A:25 Disposition of Property; Destruction or Damage. – If within 60 days of the date of the damage or destruction to all or part of the property it is not determined by the association of unit owners to repair, reconstruct or rebuild, then and in that event: the property shall be deemed to be […]