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: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-B:1 – Definitions.
479-B:1 Definitions. – In this chapter: I. " Foreclosure consultant " means any person, or any person acting in concert with such person, or any agent or employee of such person who provides a foreclosure consulting service. II. " Foreclosure consulting contract " means a written, oral, or constructive agreement between a foreclosure consultant […]
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 […]