Amendment
Bill No. CS/HB 643
Amendment No. 263841
CHAMBER ACTION
Senate House
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1Representative Brisé offered the following:
2
3     Amendment to Amendment 533109 (with title amendment)
4     Remove lines 114-119 and insert:
5homeowner for foreclosure-related rescue services;
6     (b)  Solicit, charge, receive, or attempt to collect or
7secure payment, directly or indirectly, for foreclosure-related
8rescue services before completing or performing all services
9contained in the agreement for foreclosure-related rescue
10services; or
11     (c)  Make a payment to the owner of the residence at risk
12of loss such that the owner has received consideration in an
13amount of at least 82 percent of the fair market value of the
14property within 150 days after the eviction or voluntary
15relinquishment of possession of the dwelling by the owner. The
16equity purchaser shall make a detailed accounting of the basis
17for the payment amount or a detailed accounting of the reasons
18for failure to make a payment, including providing written
19documentation of expenses, within such 150-day period. The
20accounting with documentation attached shall be provided to the
21owner of the residence at risk of loss when payment is made. For
22purposes of this paragraph, the following apply:
23     1.  There is a rebuttable presumption that an appraisal by
24a person licensed or certified by an agency of the Federal
25Government or this state to appraise real estate constitutes the
26fair market value of the property.
27     2.  The time for determining the fair market value shall be
28determined in the foreclosure conveyance contract at the time of
29the execution of the foreclosure conveyance contract or at
30resale. If the contract states that the fair market value shall
31be determined at the time of resale, the fair market value shall
32be the resale price if the property is sold within 120 days
33after the eviction or voluntary relinquishment of the property
34by the owner. If the contract states that the fair market value
35shall be determined at the time of resale and the resale is not
36completed within 120 days after the eviction or voluntary
37relinquishment of the property by the owner, the fair market
38value shall be determined by an appraisal conducted during such
39120-day period, and payment, if required, shall be made to the
40owner of the residence at risk of loss. However:
41     a.  The fair market value shall be recalculated as the
42resale price on resale, and an additional payment amount, if
43appropriate based on the resale price, shall be made to the
44owner of the residence at risk of loss within 15 days after
45resale; and
46     b.  A detailed accounting of the basis for the payment
47amount or a detailed accounting of the reasons for failure to
48make additional payment shall be made within 15 days after
49resale, including providing written documentation of expenses.
50     3.  The accounting shall be a separate document showing the
51fair market value of the property at the time indicated in the
52foreclosure conveyance contract; showing 82 percent of the fair
53market value; specifying individually all consideration actually
54paid; showing amounts and to whom paid; and providing the total
55amount to be paid to the owner of the residence at risk of loss,
56where appropriate.
57     4.a.  For purposes of this subsection, the term
58"consideration" means any payment or thing of value provided to
59the owner of the residence at risk of loss, including unpaid
60rent or contract for deed payments owned by the owner of the
61residence at risk of loss prior to the date of eviction or
62voluntary relinquishment of the property, reasonable costs paid
63to third parties necessary to complete the foreclosure
64conveyance transaction, payment of money to satisfy a debt or
65legal obligation of the owner of the residence at risk of loss,
66or the reasonable cost of repairs for damage to the dwelling
67caused by the owner of the residence at risk of loss.
68     b.  The term "consideration" does not include amounts
69imputed as a down payment or fee to the equity purchaser, or a
70person acting in participation with the equity purchaser,
71incident to a contract for deed, lease, or option to purchase
72entered into as part of the foreclosure conveyance, except for
73reasonable costs paid to third parties necessary to complete the
74foreclosure conveyance.
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T I T L E  A M E N D M E N T
79     Remove line(s) 339-341 and insert:
80definitions; specifying certain prohibited activities by
81foreclosure-rescue consultants; providing requirements and
82limitations; providing applicability criteria; providing a
83definition; requiring that all agreements for foreclosure-
84related


CODING: Words stricken are deletions; words underlined are additions.