44-1378. Definitions In this article, unless the context otherwise requires: 1. " Covered service" includes: (a) Financial counseling, including debt counseling and budget counseling to assist a homeowner in connection with the homeowner’s residence in foreclosure. (b) Receiving money for the purpose of distributing it to creditors in payment or partial payment of any obligation […]
44-1378.01. Applicability A. This article does not apply to: 1. A person licensed to practice law in this state, while performing any activity related to the person’s attorney-client relationship with a homeowner or with the beneficiary, mortgagee, grantee or holder of any lien being enforced by foreclosure. 2. A holder or servicer of an evidence […]
44-1378.02. Prohibited acts A foreclosure consultant shall not: 1. Claim, demand, charge, collect or receive any compensation until after the foreclosure consultant has fully performed each covered service that the foreclosure consultant contracted to perform or represented that the foreclosure consultant would perform. 2. Claim, demand, charge, collect or receive any fee, interest or other […]
44-1378.03. Foreclosure consulting contract A foreclosure consulting contract shall: 1. Be in writing and provided to and retained by the homeowner, without changes, alterations or modifications, for review at least twenty-four hours before it is signed by the homeowner. 2. Be printed in at least twelve-point type and shall include the name and address of […]
44-1378.04. Right of cancellation A. In addition to any right of rescission available under state or federal law, a homeowner has the right to cancel a contract with a foreclosure consultant until midnight of the third business day following the day on which the homeowner signs a contract that complies with this article. B. Cancellation […]
44-1378.05. Homeowner action to recover damages A. A homeowner who is injured as a result of a foreclosure consultant’s violation of this article may bring an action against the foreclosure consultant to recover damages caused by the violation, together with reasonable attorney fees and costs. B. If the homeowner prevails in the action, the court […]
44-1378.06. Fraud or deceit against homeowner; classification A foreclosure consultant who engages in any conduct that constitutes fraud or deceit against a homeowner in connection with a transaction that is subject to this article, including a foreclosure reconveyance, is guilty of a class 1 misdemeanor.
44-1378.07. Enforcement A. The attorney general or a county attorney may enforce the criminal provisions of this article. B. An act or practice in violation of this article constitutes an unlawful practice under section 44-1522. The attorney general may investigate and take appropriate action as prescribed by chapter 10, article 7 of this title.
44-1378.08. Cumulative nature of penalties The rights, remedies and penalties provided pursuant to this article are cumulative and do not abrogate and are in addition to any other rights, remedies and penalties that may exist at law or in equity.
