HB 1181

1
A bill to be entitled
2An act relating to residential foreclosure proceedings;
3amending s. 501.1377, F.S.; excluding from the definition
4of the term "foreclosure-rescue consultant" a person or
5entity employed or engaged, directly or indirectly, by the
6holder of an obligation or lien on any residential real
7property in foreclosure, an attorney in the course of the
8practice of law, and title insurers and title agents and
9agencies that are licensed or admitted under the Florida
10Insurance Code and providing limited services; providing
11an effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Paragraph (b) of subsection (2) of section
16501.1377, Florida Statutes, is amended to read:
17     501.1377  Violations involving homeowners during the course
18of residential foreclosure proceedings.--
19     (2)  DEFINITIONS.--As used in this section, the term:
20     (b)  "Foreclosure-rescue consultant" means a person who
21directly or indirectly makes a solicitation, representation, or
22offer to a homeowner to provide or perform, in return for
23payment of money or other valuable consideration, foreclosure-
24related rescue services. The term does not apply to:
25     1.  A person excluded under s. 501.212.
26     2.  A person acting under the express authority or written
27approval of the United States Department of Housing and Urban
28Development or other department or agency of the United States
29or this state to provide foreclosure-related rescue services.
30     3.  A charitable, not-for-profit agency or organization, as
31determined by the United States Internal Revenue Service under
32s. 501(c)(3) of the Internal Revenue Code, which offers
33counseling or advice to an owner of residential real property in
34foreclosure or loan default if the agency or organization does
35not contract for foreclosure-related rescue services with a for-
36profit lender or person facilitating or engaging in foreclosure-
37rescue transactions.
38     4.  A person who holds or is owed an obligation secured by
39a lien on any residential real property in foreclosure if the
40person performs foreclosure-related rescue services in
41connection with this obligation or lien and the obligation or
42lien was not the result of or part of a proposed foreclosure
43reconveyance or foreclosure-rescue transaction, or a person or
44entity employed or engaged, directly or indirectly, by the
45holder of such an obligation or lien.
46     5.  A financial institution as defined in s. 655.005 and
47any parent or subsidiary of the financial institution or of the
48parent or subsidiary.
49     6.  A licensed mortgage broker, mortgage lender, or
50correspondent mortgage lender that provides mortgage counseling
51or advice regarding residential real property in foreclosure,
52which counseling or advice is within the scope of services set
53forth in chapter 494 and is provided without payment of money or
54other consideration other than a mortgage brokerage fee as
55defined in s. 494.001.
56     7.  An attorney licensed to practice law in this state who
57is acting on behalf of a client, individually or through the
58attorney's law firm, in the course of the practice of law.
59     8.  Title insurers and licensed title agents and agencies
60that are licensed or admitted under the Florida Insurance Code,
61to the extent that they are providing title searches or other
62information, title insurance, or closing services related to a
63foreclosure-rescue transaction or in furtherance of foreclosure-
64related rescue services.
65     Section 2.  This act shall take effect upon becoming a law.


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