Section 479-B:2 – Foreclosure Consulting Contracts.
479-B:2 Foreclosure Consulting Contracts. – I. A foreclosure consultant shall not enter into any agreement or provide any services on behalf of a homeowner until the homeowner has executed a foreclosure consulting contract. A foreclosure consulting contract shall: (a) Be provided to the homeowner for review before signing; (b) Be written in the same […]
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:21 – Separate Taxation.
479-A:21 Separate Taxation. – I. Each unit and its percentage of undivided interest in the common areas and facilities shall be deemed to be a parcel and shall be subject to separate assessment and taxation by each assessing unit and special district for all types of taxes authorized by law, including, but not limited […]
Section 479-A:22 – Priority of Lien.
479-A:22 Priority of Lien. – All sums assessed by the association of unit owners but unpaid for the share of the common expenses chargeable to any unit shall constitute a lien on such unit prior to all other liens except only (1) tax liens on the unit in favor of any assessing unit and […]
Section 479-A:23 – Joint and Several Liability of Grantor and Grantee for Unpaid Common Expenses.
479-A:23 Joint and Several Liability of Grantor and Grantee for Unpaid Common Expenses. – In a voluntary conveyance, the grantee of a unit shall be jointly and severally liable with the grantor for all unpaid assessments against the latter for his share of the common expenses up to the time of the grant or […]
Section 479-A:24 – Insurance.
479-A:24 Insurance. – The manager or the board of directors if required by the declaration, bylaws or by a majority of the unit owners, or at the request of a mortgagee having a first mortgage of record covering a unit, shall have the authority to, and shall, obtain insurance for the property against loss […]
Section 479-A:15 – Removal From Provisions of This Chapter.
479-A:15 Removal From Provisions of This Chapter. – All of the unit owners may remove a property from the provisions of this chapter by an instrument to that effect, duly recorded, provided that the holders of all liens affecting any of the units consent thereto or agree, in either case by instruments duly recorded, […]