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HR 1231 111th Congress House Housing and Community Development Civil actions and liability Contracts and agency Fraud offenses and financial crimes Housing finance and home ownership

Foreclosure Rescue Fraud Act of 2009

Introduced: February 26, 2009 Introduced by: Moore, Gwen Democratic · Wisconsin See on congress.gov
 Everywhere this bill has been 5 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Mar 2, 2009
Referred to the Subcommittee on Commerce, Trade and Consumer Protection.
Feb 26, 2009
Referred to House Energy and Commerce
Feb 26, 2009
Referred to the Committee on Financial Services, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Feb 26, 2009
Referred to House Financial Services
Feb 26, 2009
Introduced in House
 Plain-English summary Congressional Research Service

Foreclosure Rescue Fraud Act of 2009 - 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 March 2, 2009

Referred to the Subcommittee on Commerce, Trade and Consumer Protection.

 Committees of jurisdiction 3