| 1 | Representative Brisé offered the following: |
| 2 |
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| 3 | Amendment to Amendment 533109 |
| 4 |
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| 5 | Remove line(s) 136-180 and insert: |
| 6 | cancels the agreement at any time until after the foreclosure- |
| 7 | rescue consultant has fully performed each and every service the |
| 8 | foreclosure-rescue consultant agreed to perform or represented |
| 9 | he or she would perform. The right to cancel may not be waived |
| 10 | by the homeowner or limited in any manner by the foreclosure- |
| 11 | rescue consultant. If the homeowner cancels the agreement, any |
| 12 | payments that have been given to the foreclosure-rescue |
| 13 | consultant must be returned to the homeowner within 10 days |
| 14 | after receipt of the notice of cancellation. |
| 15 | (c) An agreement for foreclosure-related rescue services |
| 16 | must be written in the same language as principally used by the |
| 17 | foreclosure-rescue consultant to describe his or her services or |
| 18 | to negotiate the agreement, must be dated and signed by the |
| 19 | owner of the residence at risk of loss, and must contain, in |
| 20 | immediate proximity to the space reserved for the owner's |
| 21 | signature, the following conspicuous statement in at least 14- |
| 22 | point boldfaced type if the agreement is printed, or in capital |
| 23 | letters if the agreement is typed: |
| 24 | |
| 25 | You, the owner, may cancel this agreement at any time |
| 26 | until after the foreclosure-rescue consultant has |
| 27 | fully performed each and every service the |
| 28 | foreclosure-rescue consultant agreed to perform or |
| 29 | represented he or she would perform. See the attached |
| 30 | notice of cancellation form for an explanation of this |
| 31 | right. |
| 32 |
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| 33 | (d) The agreement for foreclosure-related rescue services |
| 34 | and notice of cancellation must contain on the first page, in a |
| 35 | type size no smaller than that generally used in the body of the |
| 36 | document, each of the following: |
| 37 | 1. The name and address of the foreclosure-rescue |
| 38 | consultant to whom the notice of cancellation is to be mailed or |
| 39 | otherwise delivered. A post office box must be accompanied by a |
| 40 | physical address at which the notice could be delivered by a |
| 41 | method other than mail. |
| 42 | 2. The date the owner signed the contract. |
| 43 | (e) The agreement for foreclosure-related rescue services |
| 44 | must be accompanied by a completed form in duplicate, captioned |
| 45 | "Notice of Cancellation," which must be attached to the |
| 46 | agreement, must be easily detachable, and must contain in at |
| 47 | least 14-point boldfaced type if the agreement is printed, or in |
| 48 | capital letters if the agreement is typed, the following |
| 49 | statement written in the same language as that used in the |
| 50 | agreement: |
| 51 | |
| 52 | NOTICE OF CANCELLATION |
| 53 | |
| 54 | ...(Enter date of agreement) (Date)... |
| 55 |
|
| 56 | You may cancel this agreement, without any penalty or |
| 57 | obligation, at any time until after the foreclosure- |
| 58 | rescue consultant has fully performed each and every |
| 59 | service the foreclosure-rescue consultant agreed to |
| 60 | perform or represented he or she would perform. |
| 61 | |
| 62 | To cancel this agreement, mail or deliver a signed and |
| 63 | dated copy of this cancellation notice, or any other |
| 64 | written notice, to: |
| 65 | |
| 66 | ...(Name of foreclosure-rescue consultant)... |
| 67 | ...(Address of foreclosure-rescue consultant's place |
| 68 | of business)... |
| 69 | |
| 70 | I hereby cancel this agreement. |
| 71 | ...(Date)... |
| 72 | ...(Owner's signature)... |
| 73 |
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| 74 | (f) The foreclosure-rescue consultant shall provide the |
| 75 | owner with a copy of the agreement and the attached notice of |
| 76 | cancellation immediately upon execution of the agreement. |
| 77 | (g) If the foreclosure-rescue consultant contract fails to |
| 78 | substantially comply with the provisions of this subsection, the |
| 79 | agreement is void and unenforceable and any documents signed by |
| 80 | the owner pursuant to the agreement are null and void. |