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S 2888 110th Congress Senate Housing and Community Development Commerce Consultants Consumer education Contracts Crime and Law Enforcement Finance and Financial Sector Foreclosure Fraud Home ownership Law Legal fees Liens Mortgages Power of attorney Punitive damages Restrictive trade practices Surety and fidelity

Foreclosure Rescue Fraud Act of 2008

Introduced: April 17, 2008 See on congress.gov
 Everywhere this bill has been 3 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Apr 17, 2008
Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
Apr 17, 2008
Sponsor introductory remarks on measure. (CR S3160)
Apr 17, 2008
Introduced in Senate
 Plain-English summary Congressional Research Service

Foreclosure Rescue Fraud Act of 2008 - Prohibits a foreclosure consultant from: (1) receiving compensation from a homeowner for services performed regarding residential real property until such consultant has fully performed each service contracted for; (2) holding power of attorney from any homeowner, except to inspect documents; (3) receiving consideration from a third party in connection with services rendered to a homeowner by such third party with respect to the foreclosure, unless such consideration is fully disclosed in writing before such services are rendered; (4) accepting any wage assignment, lien, or other security to secure compensation for services rendered regarding foreclosure of the residential real property; or (5) acquiring any interest in the residence of a homeowner with whom the consultant has contracted.

Sets forth contract requirements. Permits a homeowner to cancel such contract without penalty or obligation.

Declares void and unenforceable: (1) any waiver by a homeowner of the protections provided in this Act; and (2) any contract that does not comply with this Act.

Requires a loan servicer to notify a homeowner of the dangers of fraudulent activities associated with foreclosure if the servicer finds that the homeowner has failed to make two consecutive payments on a residential mortgage loan and such loan is at risk of foreclosure.

Subjects any foreclosure consultant who fails to comply with this Act to liability for actual and punitive damages and attorneys' fees.

Empowers the Federal Trade Commission (FTC) and the states to enforce this Act.

What's happening now April 17, 2008

Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

 Committees of jurisdiction 1