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.