Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 2226
       
       
       
       
       
       
                                Barcode 212376                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                Floor: 3/AD/2R         .                                
             04/28/2009 11:48 AM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Richter moved the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 1462 - 1578
    4  and insert:
    5         (4)DEFINITIONS.—As used in this section, the term:
    6         (a)“Borrower” means a person who is obligated to repay a
    7  mortgage loan and includes, but is not limited to, a coborrower,
    8  cosignor, or guarantor.
    9         (b)“Loan modification” means a modification to an existing
   10  loan. The term does not include a refinancing transaction.
   11         Section 19. Subsection (1), (2), and (4) of section
   12  494.00296, Florida Statutes, as created by this act, are amended
   13  to read:
   14         494.00296 Loan modification.—
   15         (1) PROHIBITED ACTS.—When offering or providing loan
   16  modification services, a loan originator, mortgage broker,
   17  mortgage brokerage business, mortgage lender, or correspondent
   18  mortgage lender licensed or required to be licensed under ss.
   19  494.001-494.0077 may not:
   20         (a) Engage in or initiate loan modification services
   21  without first executing a written agreement for loan
   22  modification services with the borrower;
   23         (b) Execute a loan modification without the consent of the
   24  borrower after the borrower is made aware of each modified term;
   25  or
   26         (c) Solicit, charge, receive, or attempt to collect or
   27  secure payment, directly or indirectly, for loan modification
   28  services before completing or performing all services included
   29  in the agreement for loan modification services. A fee may be
   30  charged only if the loan modification results in a material
   31  benefit to the borrower. The commission may adopt rules to
   32  provide guidance on what constitutes a material benefit to the
   33  borrower
   34         (2) LOAN MODIFICATION AGREEMENT.—
   35         (a) The written agreement for loan modification services
   36  must be printed in at least 12-point uppercase type and signed
   37  by both parties. The agreement must include the name and address
   38  of the person providing loan modification services, the exact
   39  nature and specific detail of each service to be provided, the
   40  total amount and terms of charges to be paid by the borrower for
   41  the services, and the date of the agreement. The date of the
   42  agreement may not be earlier than the date the borrower signed
   43  the agreement. The mortgage broker or brokerage business,
   44  mortgage lender, or correspondent mortgage lender must give the
   45  borrower a copy of the agreement to review at least 1 business
   46  day before the borrower is to sign the agreement.
   47         (b) The borrower has the right to cancel the written
   48  agreement without any penalty or obligation if the borrower
   49  cancels the agreement within 3 business days after signing the
   50  agreement. The right to cancel may not be waived by the borrower
   51  or limited in any manner by the loan originator, mortgage
   52  broker, mortgage brokerage business, mortgage lender, or
   53  correspondent mortgage lender. If the borrower cancels the
   54  agreement, any payments made must be returned to the borrower
   55  within 10 business days after receipt of the notice of
   56  cancellation.
   57         (c) An agreement for loan modification services must
   58  contain, immediately above the signature line, a statement in at
   59  least 12-point uppercase type which substantially complies with
   60  the following:
   61                  BORROWER’S RIGHT OF CANCELLATION                 
   62  
   63         YOU MAY CANCEL THIS AGREEMENT FOR LOAN MODIFICATION
   64  SERVICES WITHOUT ANY PENALTY OR OBLIGATION WITHIN 3 BUSINESS
   65  DAYS AFTER THE DATE THIS AGREEMENT IS SIGNED BY YOU.
   66         THE LOAN ORIGINATOR, MORTGAGE BROKER, MORTGAGE BROKERAGE
   67  BUSINESS, MORTGAGE LENDER, OR CORRESPONDENT MORTGAGE LENDER IS
   68  PROHIBITED BY LAW FROM ACCEPTING ANY MONEY, PROPERTY, OR OTHER
   69  FORM OF PAYMENT FROM YOU UNTIL ALL PROMISED SERVICES HAVE BEEN
   70  COMPLETED. IF FOR ANY REASON YOU HAVE PAID THE CONSULTANT BEFORE
   71  CANCELLATION, YOUR PAYMENT MUST BE RETURNED TO YOU WITHIN 10
   72  BUSINESS DAYS AFTER THE CONSULTANT RECEIVES YOUR CANCELLATION
   73  NOTICE.
   74         TO CANCEL THIS AGREEMENT, A SIGNED AND DATED COPY OF A
   75  STATEMENT THAT YOU ARE CANCELING THE AGREEMENT SHOULD BE MAILED
   76  (POSTMARKED) OR DELIVERED TO ...(NAME)... AT ...(ADDRESS)... NO
   77  LATER THAN MIDNIGHT OF ...(DATE)....
   78         IMPORTANT: IT IS RECOMMENDED THAT YOU CONTACT YOUR MORTGAGE
   79  LENDER OR MORTGAGE SERVICER BEFORE SIGNING THIS AGREEMENT. YOUR
   80  LENDER OR SERVICER MAY BE WILLING TO NEGOTIATE A PAYMENT PLAN OR
   81  A RESTRUCTURING WITH YOU FREE OF CHARGE.
   82  
   83         (d) The inclusion of the statement does not prohibit a loan
   84  originator, mortgage broker, mortgage brokerage business,
   85  mortgage lender, or correspondent mortgage lender from giving
   86  the homeowner more time to cancel the agreement than is set
   87  forth in the statement if all other requirements of this
   88  subsection are met.
   89         (e) The person offering or providing the loan modification
   90  services must give the borrower a copy of the signed agreement
   91  within 3 hours after the borrower signs the agreement.
   92         (4) DEFINITIONS.—As used in this section, the term:
   93         (a) “Borrower” means a person obligated to repay a mortgage
   94  loan and includes, but is not limited to, a coborrower,
   95  cosignor, or guarantor.
   96         (b)“Loan modification” means a modification to an existing
   97  loan. The term does not include a refinancing transaction.