Frederick A Neustein, a lawyer with the law firm of Charles L Neustein PA and www. StopForelcosureLawyer. com respectfully follows:

Protection against fraud in Florida foreclosure law passed.

The Attorney General said that this new law will not be paid to the attorney / client relationship or the way lawyers, they are used to help struggling homeowners must be applied. This legislation provides much needed protection for consumers / owners who have had the advantage, backed by mortgage companies Editing – many are scams. . . Effect from 1 October 2008

Five hundred and first in 1377 owners with violations under the residential foreclosure proceedings.



(1) LEGISLATIVE Findings and intent. -The legislature finds that homeowners who are defaulting on their mortgages, in foreclosure or at risk of losing their homes because of nonpayment of taxes may be vulnerable to fraud, deception and unfair relationships with consultants Rescue foreclosure or equity buyers. The purpose of this section is to obtain an owner information necessary to make an informed decision on the sale or transfer of its equity to a home buyer. It is also required for this section this context, expressed in writing to protect the foreclosure rescue agreements for owners of fraud and financial needs, to ensure and promote fair dealing in the purchase and sale of properties in foreclosure or delays; representations to prohibit the misleading use of the rule, prohibit or restrict unfair contract terms, a reflection for the owners to enter into contracts to provide services related to savings their homes from foreclosure or preserving their rights to own their house to pay; owners a reasonable and useful to look back on sales to equity purchasers, and to preserve and protect home equity for owners state.

(2) Definitions. -In this section, the term:

(A) “Equity purchaser” means any person engaged in a transaction, just, or beneficial interest in a property residential property following a foreclosure rescue operation acquires. The term does not a person who acquires the right, fair, or economic interest in such property:

First performed by a certificate of title of a forced sale under Chapter 45;

If approved a second sale of property by law;

With the third decision or order of a court;

A fourth spouse, parents, grandparents, children, grandchildren, brothers and sisters or the person or the spouse of the person or

As the fifth instrument instead of foreclosure, a workout agreement, a bankruptcy plan or any other agreement between the lender and the owner of foreclosure.

(B) “foreclosure rescue consultants” is a person who directly or indirectly makes a solicitation, representation, or provide or offer to an owner in exchange for the payment of money or other consideration, services foreclosure-related relief. The term does not apply to:

First a person excluded under s. five hundred and first 212th

A second person under the express authority or written approval from the U.S. Department of Housing and Urban Development or other department or agency of the United States or state except for emergency services related.

A third non-profit, non-profit institution or organization, such as the U.S. Internal Revenue Service determined under s. 501 (c) (3) of the Internal Revenue Code, tips or advice owners of residential properties in foreclosure or loan deals if the agency or organization does not facilitate the service contract relief associated with predatory lending for profit or person or to engage in Rescue foreclosure.

A fourth person who owns or has an obligation to pay a lien on all residential properties in foreclosure guaranteed, when the foreclosure rescue services related person in connection with this obligation or lien and obligation or privilege has not been the result of a party or a proposed takeover of foreclosure or a foreclosure rescue operation.

A fifth financial institution as defined in s. 005 and 655th a parent or a subsidiary of the financial institution or the parent or the subsidiary.

A sixth licensed mortgage broker, mortgage lender or its correspondent mortgage lender advice or advice regarding residential property in foreclosure, offers tips and advice in the context of services, which is in Chapter 494 and without the payment of money or other consideration if other than Home Mortgage brokerage 494th defined in s. 001.

(C) “foreclosure rescue services related” means any product or service in connection with, or promising assistance in connection with:

First Stop avoid or delay foreclosure proceedings on homes or residential

Second hardening or addressing a default or default in respect of a residential mortgage loan obligation.

(D) “rescue foreclosure” means a transaction:

First mediated by residential properties in foreclosure is the largest buyer of equity and the owner has a legal or equitable interest in residential property transferred, including, without limitation, purchase, lease option interest an option to property, an interest as beneficiary or trustee of a land trust or other interest in the property, mediation and

Second, it is not decided by the parties to avoid or delay foreclosure against the owner of residential real estate.

(E) “owner” is the title register is owner of residential real estate in the execution.

(E) “Residential property” means property consisting of single family homes to four-family residential units, one of which is occupied by the owner as his principal residence.

(G) “residential property in foreclosure” means residential property against which he recorded an excellent knowledge of the pendency of foreclosure, according to 48th century 23rd

(3) the prohibited acts. -As part of the offer or provision of emergency services related to foreclosure, a foreclosure rescue consultant may not:

(A) operate or initiate foreclosure rescue services are bound running, without the prior written agreement with the owner of foreclosure as part of emergency services or

to (B) solicit, receive free or attempt to collect or secure payment, directly or indirectly included in the emergency services related eviction before the completion or implementation of all services in the agreement Foreclosure-related rescue services.

(4) emergency services related to foreclosure; written agreement. –

(A) The written agreement for foreclosure rescue services are bound to be printed at least 12 points in large type and signed by both parties. The agreement must include the name and address of the person, except for emergency services related, the exact nature and specific details of each service provided, the total amount of fees and conditions that the owner will pay for services, and the date the agreement. The date of the agreement can not be earlier than the date of the owner, the agreement will be signed. The foreclosure rescue consultant must be the owner of a copy of the agreement at least one working day before the examination is owner sign the agreement.

(B) The owner has the right to a written agreement, without penalty or obligation to withdraw if the owner cancels the contract within three business days after signing the written agreement. The right of withdrawal can not be waived by the owner or limited in any way by the foreclosure rescue consultants. If the owner cancels the agreement, all returned payments, which were given to the foreclosure rescue consultant must be the owner within 10 working days of receipt of the notice.

(C) an agreement for emergency services related eviction must contain, immediately above the signature line, a statement in at least 12 points in large letters, the following broadly in line with:

HOMEOWNER’S RIGHT OF CANCELLATION

You may terminate this agreement for the closure of rescue related matters, without penalty or obligation is subject to cancel within 3 business days after the date of this agreement you signed.

The foreclosure consultant RESCUE accepts the rule of money, property or other form of payment you are promised benefits until ALL complete PROHIBITED. If paid for any reason you THE CONSULTANT prior to termination, return your payment within 10 working days after the consultant receives a notice of cancellation.

To cancel this User Agreement, a copy signed and dated statement that is terminated, the agreement should be shipped (postmarked) or delivered (name) (address) no later than midnight (date).

IMPORTANT: It is recommended that your mortgage lender or servicer contact before signing this agreement. Your mortgage lender or service provider may be willing to negotiate a payment plan or a restructuring charge of you.

(D) The registration statement does not prohibit foreclosure rescue consultant to the owner more time in the agreement as described in the declaration to terminate the order, provided all other requirements of this paragraph are met.

(E) The foreclosure rescue consultant must be the owner of a copy of the signed agreement within three hours after the signing of the agreement of owners.

(5) Rescue foreclosure; written agreement. –

(A) 1 A foreclosure rescue operation should have a written agreement of at least 12 point large print is completed, signed and prepared by the owner and the capital ratio as of the buyer before the execution of each instrument of the owner to the purchaser of equity quitclaiming, assignment, transfer, transport or incriminating an interest in residential real estate in foreclosure. The ratio of equity buyer is the owner of a copy of the agreement completed within three hours after the signing of the owner. The agreement must contain the entire agreement of the parties and must contain:

a. The name, address and telephone number of the purchaser of equity.

b. The address and full description of the legal ownership.

C. Claire and clear disclosure of financial or legal obligations of the landlord to charge the buyer equity.

d. The total price of the equity purchaser under or incident to the acquisition of property by the purchaser to pay equity.

e. The conditions for payment or other consideration, including but not limited to, any services that the buyer of equity is to be done for the owner before or after the sale.

transfer f. The date and time of possession of property to the purchaser of equity.

A second agreement foreclosure rescue transaction must include, before the signature line, a statement of at least 12 point large print, the following broadly in line with:

I understand that under this agreement, I sell my house to the other party the undersigned.

A third agreement foreclosure rescue transaction must conform to the specifications of each option or right to purchase residential property in foreclosure, including specific amounts of escrow payments or deposit payment of purchase price, closing costs, commissions or other fees or expenses of government.

A fourth agreement foreclosure rescue transaction must be at all applicable provisions of 15 USC s. comply. 1600 et seq. and regulations.

(B) The owner may terminate the transaction agreement foreclosure rescue, if the owner of equity to the buyer informed of the cancellation no later than 5:00 p. m working on three days after signing the written agreement. All funds under the equity purchaser to the owner or the owner to the purchaser to pay equity must be returned to the cancellation. The right of withdrawal shall not affect or limit the owner the right to cancel the transaction under any other law. The right of withdrawal can not be waived by the owner or limited in any way by the buyer of equity. The debt ratio of the buyer for homeowners who signed on the date of the written agreement is an indication of the owner the right to cancel the foreclosure rescue operation as described in this paragraph. The notice, which will be displayed on a separate cover page of the written agreement that no other written or graphic material must contain at least 12 points in large type, double spaced, and include the following:

ADVISORY owner / seller

PLEASE READ this form completely and carefully. It contains valuable information on the withdrawal.

This contract is, you agree to sell your home. You can cancel this operation at any time prior to clock 05.00 in the third business day after receipt of this information.

This right of cancellation can not be derogated from in any way by you or the buyer.

Money paid directly to the buyer must submit will be returned at the termination of the purchaser. No money from you must be paid by the buyer will be returned to the cancellation.

Cancel sign this form and return it to the buyer by 5:00 (date) at (address). The best thing is their request by registered mail or express delivery, RETURN, mail receipt and a photocopy of the signed form and keep your account at the post.

I (we) to cancel the transaction.

Signature of Seller

Printed name of seller

Signature of Seller

Printed name of seller

Date

(C) In any foreclosure rescue operation in which the owner the right to purchase residential property provides the owner has a right to 30 days to cure any default under the contract with the buyer, fairness and equity right to cure may be to exercise at three different times. The owner’s right to cure must be included in any written agreement required by this paragraph.

(D) In any foreclosure rescue exercise before or during the transfer, the purchaser of equity in foreclosure or full lien discharged, and all prior liens not extinguished by foreclosure.

(E) If the owner has the right to purchase residential property, the buyer must be able to demonstrate fairness and ensure that the owner or received, a reasonable opportunity to make the necessary payments to the possibility of redeem pursuant to exercise written agreement. For purposes of this item there is a rebuttable presumption that the owner a reasonable opportunity to make the payments required to redeem the property if the owner does not exceed the monthly payments for primary housing expenses and regular monthly principal and payments Interest on personal debt to others should do 60 percent of owners, the gross monthly income.

(F) If the owner has the right to purchase residential property, the price the homeowner pays may not be unjust, unfair, unreasonable or commercial. A rebuttable presumption that occurs only between the buyer and the owner of equity, the foreclosure rescue operation is invalid if the owner is the redemption price is more than 17 percent per year paid more than the sum of purchaser to acquire the equity to improve, preserve and maintain the property. Unless the repurchase agreement or memorandum of the repurchase agreement in accordance with the 695th recorded by 01, because of the presumption under this subsection does not apply against creditors or subsequent purchasers ask valuable consideration and without notice.

(6) rebuttable presumption. – Each rescue with a lock option or lease agreement to repurchase other creates a rebuttable presumption, solely between the buyer and the owner of a home equity transaction as a loan transaction and the transfer Owner’s equity purchaser is a mortgage for the 697th s. 01. Unless the option to lease or purchase agreement or memorandum of lease or option to buy new ones, is consistent with art captured the 695th 01, the presumption under this subsection shall not create or against creditors subsequent buyer applies for a valuable consideration and without notice.

(7) violations. – A person who contravenes any provision of this section is guilty of unfair trade and deceptive practice in Part II of this chapter. The offenses are punishable by fines and use of Part II of this chapter, including a fine not exceeding $ 15,000 per violation.