Florida Senate - 2009 SB 646 By Senator Fasano 11-00664-09 2009646__ 1 A bill to be entitled 2 An act relating to residential foreclosure 3 proceedings; amending s. 501.1377, F.S.; excluding 4 from the definition of the term “foreclosure-rescue 5 consultant” a person or entity employed or engaged, 6 directly or indirectly, by the holder of an obligation 7 or lien on any residential real property in 8 foreclosure, an attorney in the course of the practice 9 of law, and title insurers and title agents and 10 agencies that are licensed or admitted under the 11 Florida Insurance Code and providing limited services; 12 providing an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Paragraph (b) of subsection (2) of section 17 501.1377, Florida Statutes, is amended to read: 18 501.1377 Violations involving homeowners during the course 19 of residential foreclosure proceedings.— 20 (2) DEFINITIONS.—As used in this section, the term: 21 (b) “Foreclosure-rescue consultant” means a person who 22 directly or indirectly makes a solicitation, representation, or 23 offer to a homeowner to provide or perform, in return for 24 payment of money or other valuable consideration, foreclosure 25 related rescue services. The term does not apply to: 26 1. A person excluded under s. 501.212. 27 2. A person acting under the express authority or written 28 approval of the United States Department of Housing and Urban 29 Development or other department or agency of the United States 30 or this state to provide foreclosure-related rescue services. 31 3. A charitable, not-for-profit agency or organization, as 32 determined by the United States Internal Revenue Service under 33 s. 501(c)(3) of the Internal Revenue Code, which offers 34 counseling or advice to an owner of residential real property in 35 foreclosure or loan default if the agency or organization does 36 not contract for foreclosure-related rescue services with a for 37 profit lender or person facilitating or engaging in foreclosure 38 rescue transactions. 39 4. A person who holds or is owed an obligation secured by a 40 lien on any residential real property in foreclosure if the 41 person performs foreclosure-related rescue services in 42 connection with this obligation or lien and the obligation or 43 lien was not the result of or part of a proposed foreclosure 44 reconveyance or foreclosure-rescue transaction, or a person or 45 entity employed or engaged, directly or indirectly, by the 46 holder of such an obligation or lien. 47 5. A financial institution as defined in s. 655.005 and any 48 parent or subsidiary of the financial institution or of the 49 parent or subsidiary. 50 6. A licensed mortgage broker, mortgage lender, or 51 correspondent mortgage lender that provides mortgage counseling 52 or advice regarding residential real property in foreclosure, 53 which counseling or advice is within the scope of services set 54 forth in chapter 494 and is provided without payment of money or 55 other consideration other than a mortgage brokerage fee as 56 defined in s. 494.001. 57 7. An attorney licensed to practice law in this state who 58 is acting on behalf of a client, individually or through the 59 attorney’s law firm, in the course of the practice of law. 60 8. Title insurers and licensed title agents and agencies 61 that are licensed or admitted under the Florida Insurance Code, 62 to the extent that they are providing title searches or other 63 information, title insurance, or closing services related to a 64 foreclosure-rescue transaction or in furtherance of foreclosure 65 related rescue services. 66 Section 2. This act shall take effect upon becoming a law.