Section 407.935 – Definitions.

Effective – 28 Aug 1992 407.935. Definitions. — As used in sections 407.935 to 407.943, the following words and phrases shall mean: (1) “Contract”, any agreement, or any term thereof, between a foreclosure consultant and an owner for the rendition of any service as defined in subdivision (6) of this section; (2) “Foreclosure consultant”: (a) […]

Section 407.937 – Right to cancel contract — notice of cancellation, effective when — form of cancellation.

Effective – 28 Aug 1992 407.937. Right to cancel contract — notice of cancellation, effective when — form of cancellation. — 1. In addition to any other right under law to rescind a contract, an owner has the right to cancel a contract until midnight of the third business day after the day on which […]

Section 407.938 – Contract, form of — notice required, contents — contract to be accompanied by notice of cancellation, contents.

Effective – 28 Aug 1992 407.938. Contract, form of — notice required, contents — contract to be accompanied by notice of cancellation, contents. — 1. Every contract shall be in writing and shall fully disclose the exact nature of the foreclosure consultant’s services and the total amount and terms of compensation. 2. The following notice, […]

Section 407.940 – Foreclosure consultants, unlawful acts — penalty.

Effective – 28 Aug 1992 407.940. Foreclosure consultants, unlawful acts — penalty. — 1. It shall be unlawful for a foreclosure consultant to knowingly: (1) Claim, demand, charge, collect, or receive any compensation until after the foreclosure consultant has fully performed each and every service the foreclosure consultant contracted to perform or represented he would […]

Section 407.941 – Waiver, void — penalty.

Effective – 28 Aug 1992 407.941. Waiver, void — penalty. — Any waiver by an owner of the provisions of sections 407.935 to 407.943 shall be deemed void and unenforceable as contrary to public policy. Any attempt by a foreclosure consultant to induce an owner to waive his rights shall be deemed a violation of […]

Section 407.943 – Action against foreclosure consultant authorized — exemplary damages authorized — remedies not exclusive.

Effective – 28 Aug 1992 407.943. Action against foreclosure consultant authorized — exemplary damages authorized — remedies not exclusive. — 1. An owner may bring an action against a foreclosure consultant for any violation of sections 407.935 to 407.943. Judgment shall be entered for actual damages, reasonable attorneys’ fees and costs, and appropriate equitable relief. […]