Relating to foreclosures of trust deeds; declaring an emergency.
Catchline/Summary:
Provides that failure to include required modification form with notice of sale, failure to comply with provisions governing loan modifications and failure to record required affidavit of compliance with loan modification requirements are unlawful practices subject to enforcement under unlawful trade practices law. Provides that failure to include required modification form with notice of sale, failure to comply with provisions governing loan modifications and failure to record required affidavit of compliance with loan modification requirements are unlawful practices subject to enforcement under unlawful trade practices law. Prescribes time within which beneficiary or beneficiary's agent must file affidavit for recording. Requires trustee to send copy of required affidavit to Department of Justice.
Requires Department of Consumer and Business Services by rule to prescribe form of affidavit and specifies minimum requirements for affidavit.
Removes certain exemptions from requirement to comply with law governing mortgage loan modifications.
Permits grantor to record affidavit stating that grantor requested loan modification in accordance with law and by applicable deadline.
Requires trustee to be resident of this state or have registered agent that meets certain qualifications.
Declares emergency, effective on passage.
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