§ 23-53-101. Title

This chapter shall be known as the “Arkansas Home Loan Protection Act”.

§ 23-53-102. Legislative intent

(a) The General Assembly finds that: (1) Abusive mortgage lending has become an increasing problem in this state, exacerbating the loss of equity in homes and causing the number of foreclosures to increase in recent years; (2) One of the most common forms of abusive lending is the making of loans that are equity-based, rather […]

§ 23-53-103. Definitions

As used in this chapter: (1) “Affiliate” means any company that controls, is controlled by, or is under common control with another company, as set forth in the Bank Holding Company Act of 1956, 12 U.S.C. § 1841 et seq., as it existed on March 1, 2003, as of July 16, 2003; (2) “Annual percentage […]

§ 23-53-104. Prohibited acts and practices regarding high-cost home loans

(a) Insurance and Debt Cancellation Agreements. No creditor making a high-cost home loan shall finance, directly or indirectly, any credit life, credit disability, credit unemployment, or credit property insurance or any other life or health insurance or any payments directly or indirectly for any debt cancellation or suspension agreement or contract, except that insurance premiums […]

§ 23-53-105. Preservation and enforcement of claims and defenses — No subterfuge

(a) Liability of Assignees and Other Holders in High-Cost Home Loans. (1) Notwithstanding any provision of any other law, the remedies provided in this chapter apply to any person or entity who personally participated in the making or approving of the high-cost home loan and who violated the requirements of this chapter. (2) (A) (i) […]

§ 23-53-106. Enforcement

(a) (1) Any violation of this chapter constitutes an unconscionable or deceptive act or practice as defined under § 4-88-101 et seq. (2) (A) Except as provided in § 23-53-105(a)(2)(A) or (B), any person found by a preponderance of the evidence to have violated this chapter shall be liable to the borrower for the following: […]