HF 1209

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to commerce; regulating certain transactions with homeowners whose
homes are in foreclosure; amending Minnesota Statutes 2006, sections 325N.01;
325N.03; 325N.04; 325N.10, subdivisions 3, 4, by adding a subdivision;
325N.13; 325N.14; 325N.17; 325N.18, by adding a subdivision; Laws 2004,
chapter 263, section 26.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 325N.01, is amended to read:

325N.01 DEFINITIONS.

The definitions in paragraphs (a) to (h) apply to sections 325N.01 to 325N.09.

(a) "Foreclosure consultant" means any person who, directly or indirectly, makes
any solicitation, representation, or offer to any owner to perform for compensation or
who, for compensation, performs any service which the person in any manner represents
will in any manner do any of the following:

(1) stop or postpone the foreclosure sale;

(2) obtain any forbearance from any beneficiary or mortgagee;

(3) assist the owner to exercise the right of reinstatement provided in section 580.30;

(4) obtain any extension of the period within which the owner may reinstate the
owner's obligation;

(5) obtain any waiver of an acceleration clause contained in any promissory note or
contract secured by a mortgage on a residence in foreclosure or contained in the mortgage;

(6) assist the owner in foreclosure or loan default to obtain a loan or advance
of funds;

(7) avoid or ameliorate the impairment of the owner's credit resulting from the
recording of a notice of default or the conduct of a foreclosure sale; or

(8) save the owner's residence from foreclosure.

(b) A foreclosure consultant does not include any of the following:

(1) a person licensed to practice law in this state when the person renders service
in the course of his or her practice as an attorney-at-law;

(2) a person licensed as a debt prorater under sections 332.12 to 332.29, when the
person is acting as a debt prorater as defined in these sections;

(3) a person licensed as a real estate broker or salesperson under chapter 82 when the
person engages in acts whose performance requires licensure under that chapter unless the
person is engaged in offering services designed to, or purportedly designed to, enable the
owner to retain possession of the residence in foreclosure;

(4) a person licensed as an accountant under chapter 326A when the person is acting
in any capacity for which the person is licensed under those provisions;

(5) a person or the person's authorized agent acting under the express authority
or written approval of the Department of Housing and Urban Development or other
department or agency of the United States or this state to provide services;

(6) a person who holds or is owed an obligation secured by a lien on any residence
in foreclosure when the person performs services in connection with this obligation or lien
if the obligation or lien did not arise as the result of or as part of a proposed foreclosure
reconveyance;

(7) any person or entity doing business under any law of this state, or of the United
States relating to banks, trust companies, savings and loan associations, industrial loan and
thrift companies, regulated lenders, credit unions, insurance companies, or a mortgagee
which is a United States Department of Housing and Urban Development approved
mortgagee and any subsidiary or affiliate of these persons or entities, and any agent or
employee of these persons or entities while engaged in the business of these persons
or entities;

(8) a person licensed as a residential mortgage originator or servicer pursuant to
chapter 58, when acting under the authority of that license deleted text begin or a foreclosure purchaser as
defined in section 325N.10 deleted text end ;

(9) a nonprofit agency or organization that offers counseling or advice to an owner
of a home in foreclosure or loan default if they do not contract for services with for-profit
lenders or foreclosure purchasers; deleted text begin and
deleted text end

(10) a judgment creditor of the owner, to the extent that the judgment creditor's claim
accrued prior to the personal service of the foreclosure notice required by section 580.03,
but excluding a person who purchased the claim after such personal service new text begin ; and
new text end

new text begin (11) a foreclosure purchaser as defined in section 325N.10 new text end .

(c) "Foreclosure reconveyance" means a transaction involving:

(1) the transfer of title to real property by a foreclosed homeowner during a
foreclosure proceeding, either by transfer of interest from the foreclosed homeowner or
by creation of a mortgage or other lien or encumbrance during the foreclosure process
that allows the acquirer to obtain title to the property by redeeming the property as
a junior lienholder; and

(2) the subsequent conveyance, or promise of a subsequent conveyance, of
an interest back to the foreclosed homeowner by the acquirer or a person acting in
participation with the acquirer that allows the foreclosed homeowner to possess new text begin either
new text end the new text begin residence in foreclosure or any other new text end real property deleted text begin following the completion of the
foreclosure proceeding deleted text end , which interest includes, but is not limited to, an interest in a
contract for deed, purchase agreement, option to purchase, or lease.

(d) "Person" means any individual, partnership, corporation, limited liability
company, association, or other group, however organized.

(e) "Service" means and includes, but is not limited to, any of the following:

(1) debt, budget, or financial counseling of any type;

(2) receiving money for the purpose of distributing it to creditors in payment or
partial payment of any obligation secured by a lien on a residence in foreclosure;

(3) contacting creditors on behalf of an owner of a residence in foreclosure;

(4) arranging or attempting to arrange for an extension of the period within which
the owner of a residence in foreclosure may cure the owner's default and reinstate his or
her obligation pursuant to section 580.30;

(5) arranging or attempting to arrange for any delay or postponement of the time of
sale of the residence in foreclosure;

(6) advising the filing of any document or assisting in any manner in the preparation
of any document for filing with any bankruptcy court; or

(7) giving any advice, explanation, or instruction to an owner of a residence in
foreclosure, which in any manner relates to the cure of a default in or the reinstatement
of an obligation secured by a lien on the residence in foreclosure, the full satisfaction of
that obligation, or the postponement or avoidance of a sale of a residence in foreclosure,
pursuant to a power of sale contained in any mortgage.

(f) "Residence in foreclosure" means residential real property consisting of one to
four family dwelling units, one of which the owner occupies as his or her principal place
of residence, deleted text begin and against which there is an outstanding notice of pendency of foreclosure,
recorded pursuant to section 580.032, or against which a summons and complaint has been
served under chapter 581 deleted text end new text begin where there is a delinquency or default on any loan payment
or debt secured by or attached to the residential real property including, but not limited
to, contract for deed payments new text end .

(g) "Owner" means the record owner of the residential real property in foreclosure at
the time the notice of pendency was recorded, or the summons and complaint served.

(h) "Contract" means any agreement, or any term in any agreement, between
a foreclosure consultant and an owner for the rendition of any service as defined in
paragraph (e).

Sec. 2.

Minnesota Statutes 2006, section 325N.03, is amended to read:

325N.03 CONTRACT.

(a) Every contract must be in writing and must fully disclose the exact nature of the
foreclosure consultant's services and the total amount and terms of compensation.

(b) The following notice, printed in at least 14-point boldface type and completed
with the name of the foreclosure consultant, must be printed immediately above the
statement required by paragraph (c):

"NOTICE REQUIRED BY MINNESOTA LAW

	......................... (Name) or anyone working for him or her CANNOT:
	(1) Take any money from you or ask you for money until ....................... (Name) has completely finished doing everything he or she said he or she would do; and
	(2) Ask you to sign or have you sign any lien, mortgage, or deed."

(c) The contract must be written in the same language as principally used by the
foreclosure consultant to describe his or her services or to negotiate the contract, must
be dated and signed by the owner, and must contain in immediate proximity to the space
reserved for the owner's signature a conspicuous statement in a size equal to at least
10-point boldface type, as follows:

"You, the owner, may cancel this transaction at any time prior to midnight of the
third business day after the date of this transaction. See the attached notice of
cancellation form for an explanation of this right."

(d) The new text begin notice of cancellation must contain, and the new text end contract must contain on the
first page, in a type size no smaller than that generally used in the body of the document,
each of the following:

(1) the name and new text begin physical new text end address of the foreclosure consultant to which the
notice of cancellation is to be mailed new text begin or otherwise delivered. A post office box does not
constitute a physical address. A post office box may be designated for delivery by mail
only if it is accompanied by a physical address at which the notice could be delivered by a
method other than mail. An e-mail address may be included, in addition to the physical
address new text end ; and

(2) the date the owner signed the contract.

(e) new text begin Cancellation occurs when the foreclosed homeowner delivers, by any means,
written notice of cancellation to the address specified in the contract. If cancellation is
mailed, delivery is effective upon mailing. If e-mailed, cancellation is effective upon
transmission. new text end The contract must be accompanied by a completed form in duplicate,
captioned "notice of cancellation," which must be attached to the contract, must be easily
detachable, and must contain in at least 10-point type the following statement written in
the same language as used in the contract:

"NOTICE OF CANCELLATION

	.
	(Enter date of transaction) (Date)
	You may cancel this transaction, without any penalty or obligation, within three business days from the above date.
	To cancel this transaction, new text begin you may use any of the following methods: (1) new text end mail or new text begin otherwise new text end deliver a signed and dated copy of this cancellation notice, or any other written notice new text begin of cancellation; or (2) e-mail a notice of cancellation new text end
	to .
	(Name of foreclosure consultant)
	at .
	( new text begin Physical new text end address of foreclosure consultant's place of business)
	.
	new text begin (E-mail address of foreclosure consultant's place of business) new text end
	NOT LATER THAN MIDNIGHT OF .
	(Date)
	I hereby cancel this transaction .
	(Date)
	.
	(Owner's signature)"

(f) The foreclosure consultant shall provide the owner with a copy of the contract
and the attached notice of cancellation immediately upon execution of the contract.

(g) The three business days during which the owner may cancel the contract shall
not begin to run until the foreclosure consultant has complied with this section.

Sec. 3.

Minnesota Statutes 2006, section 325N.04, is amended to read:

325N.04 VIOLATIONS.

It is a violation for a foreclosure consultant to:

(1) claim, demand, charge, collect, or receive any compensation until after the
foreclosure consultant has fully performed each and every service the foreclosure
consultant contracted to perform or represented he or she would perform;

(2) claim, demand, charge, collect, or receive any fee, interest, or any other
compensation for any reason which exceeds eight percent per annum of the amount of
any loan which the foreclosure consultant may make to the owner new text begin . Such a loan must not,
as provided in clause (3), be secured by the residence in foreclosure or any other real or
personal property new text end ;

(3) take any wage assignment, any lien of any type on real or personal property, or
other security to secure the payment of compensation. Any such security is void and
unenforceable;

(4) receive any consideration from any third party in connection with services
rendered to an owner unless the consideration is first fully disclosed to the owner;

(5) acquire any interest, directly or indirectly, or by means of a subsidiary or affiliate
in a residence in foreclosure from an owner with whom the foreclosure consultant has
contracted;

(6) take any power of attorney from an owner for any purpose, except to inspect
documents as provided by law; or

(7) induce or attempt to induce any owner to enter a contract which does not comply
in all respects with sections 325N.02 and 325N.03.

Sec. 4.

Minnesota Statutes 2006, section 325N.10, subdivision 3, is amended to read:

Subd. 3.

Foreclosure reconveyance.

"Foreclosure reconveyance" means a
transaction involving:

(1) the transfer of title to real property by a foreclosed homeowner during a
foreclosure proceeding, either by transfer of interest from the foreclosed homeowner or
by creation of a mortgage or other lien or encumbrance during the foreclosure process
that allows the acquirer to obtain title to the property by redeeming the property as
a junior lienholder; and

(2) the subsequent conveyance, or promise of a subsequent conveyance, of
an interest back to the foreclosed homeowner by the acquirer or a person acting in
participation with the acquirer that allows the foreclosed homeowner to possess new text begin either new text end the
new text begin residence in foreclosure or other new text end real property deleted text begin following the completion of the foreclosure
proceeding deleted text end , which interest includes, but is not limited to, an interest in a contract for deed,
purchase agreement, option to purchase, or lease.

Sec. 5.

Minnesota Statutes 2006, section 325N.10, subdivision 4, is amended to read:

Subd. 4.

Foreclosure purchaser.

"Foreclosure purchaser" means a person that has
acted as the acquirer in deleted text begin more than one deleted text end new text begin a new text end foreclosure reconveyance deleted text begin during any 24-month
period deleted text end . Foreclosure purchaser also includes a person that has acted in joint venture or joint
enterprise with one or more acquirers in deleted text begin more than one deleted text end new text begin a new text end foreclosure reconveyance deleted text begin during
any 24-month period deleted text end . A new text begin foreclosure purchaser does not include: (i) a natural person
who shows that the natural person is not in the business of foreclosure purchasing and
has a prior personal relationship with the foreclosed homeowner, or (ii) a new text end federal or state
chartered bank, savings bank, thrift, or credit union deleted text begin is not a foreclosure purchaser deleted text end .

Sec. 6.

Minnesota Statutes 2006, section 325N.10, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Residence in foreclosure. new text end

new text begin "Residence in foreclosure" means residential
real property consisting of one to four family dwelling units, one of which the owner
occupies as the owner's principal place of residence, where there is a delinquency or
default on any loan payment or debt secured by or attached to the residential real property,
including, but not limited to, contract for deed payments.
new text end

Sec. 7.

Minnesota Statutes 2006, section 325N.13, is amended to read:

325N.13 CONTRACT CANCELLATION.

(a) In addition to any other right of rescission, the foreclosed homeowner has
the right to cancel any contract with a foreclosure purchaser until midnight of the fifth
business day following the day on which the foreclosed homeowner signs a contract that
complies with sections 325N.10 to 325N.15 or until 8:00 a.m. on the last day of the period
during which the foreclosed homeowner has a right of redemption, whichever occurs first.

(b) Cancellation occurs when the foreclosed homeowner delivers, by any means,
written notice of cancellation deleted text begin to the address specified in the contract deleted text end new text begin , provided that, at a
minimum, the contract and the notice of cancellation must contain a physical address to
which notice of cancellation may be mailed or otherwise delivered. A post office box may
be designated for delivery by mail only if it is accompanied by a physical address at which
the notice could be delivered by a method other than mail. An e-mail address may be
provided in addition to the physical address. If cancellation is mailed, delivery is effective
upon mailing. If e-mailed, cancellation is effective upon transmission new text end .

(c) A notice of cancellation given by the foreclosed homeowner need not take the
particular form as provided with the contract.

(d) Within ten days following receipt of a notice of cancellation given in accordance
with this section, the foreclosure purchaser shall return without condition any original
contract and any other documents signed by the foreclosed homeowner.

Sec. 8.

Minnesota Statutes 2006, section 325N.14, is amended to read:

325N.14 NOTICE OF CANCELLATION.

(a) The contract must contain in immediate proximity to the space reserved for the
foreclosed homeowner's signature a conspicuous statement in a size equal to at least
14-point boldface type, if the contract is printed, or in capital letters, if the contract is
typed, as follows:

	"You may cancel this contract for the sale of your house without any penalty or obligation at any time before
	.
	(Date and time of day)
	See the attached notice of cancellation form for an explanation of this right."

The foreclosure purchaser shall accurately enter the date and time of day on which the
cancellation right ends.

(b) The contract must be accompanied by a completed form in duplicate, captioned
"notice of cancellation" in a size equal to a 12-point boldface type if the contract is
printed, or in capital letters, if the contract is typed, followed by a space in which the
foreclosure purchaser shall enter the date on which the foreclosed homeowner executes
deleted text begin any deleted text end new text begin the new text end contract. This form must be attached to the contract, must be easily detachable,
and must contain in type of at least 10 points, if the contract is printed or in capital
letters if the contract is typed, the following statement written in the same language as
used in the contract:

"NOTICE OF CANCELLATION

	.
	(Enter date contract signed)
	You may cancel this contract for the sale of your house, without any penalty or obligation, at any time before
	.
	(Enter date and time of day)
	To cancel this transaction, deleted text begin personally deleted text end new text begin you may use any of the following methods: (1) mail or otherwise new text end deliver a signed and dated copy of this cancellation notice new text begin ; or (2) e-mail a notice of cancellation new text end to
	.
	(Name of purchaser)
	at .
	( deleted text begin Street deleted text end new text begin Physical new text end address of purchaser's place of business)
	.
	new text begin (E-mail address of foreclosure consultant's place of business) new text end
	NOT LATER THAN .
	(Enter date and time of day)
	I hereby cancel this transaction .
	(Date)
	.
	(Seller's signature)"

(c) The foreclosure purchaser shall provide the foreclosed homeowner with a copy
of the contract and the attached notice of cancellation at the time the contract is executed
by all parties.

(d) The five business days during which the foreclosed homeowner may cancel the
contract must not begin to run until all parties to the contract have executed the contract
and the foreclosure purchaser has complied with this section.

Sec. 9.

Minnesota Statutes 2006, section 325N.17, is amended to read:

325N.17 PROHIBITED PRACTICES.

A foreclosure purchaser shall not:

(a) enter into, or attempt to enter into, a foreclosure reconveyance with a foreclosed
homeowner unless:

(1) the foreclosure purchaser verifies and can demonstrate that the foreclosed
homeowner has a reasonable ability to pay for the subsequent conveyance of an interest
back to the foreclosed homeowner. In the case of a lease with an option to purchase,
payment ability also includes the reasonable ability to make the lease payments and
purchase the property within the term of the option to purchase. There is a rebuttable
presumption that a homeowner is reasonably able to pay for the subsequent conveyance
if the owner's payments for primary housing expenses and regular principal and interest
payments on other personal debt, on a monthly basis, do not exceed 60 percent of
the owner's monthly gross income. For the purposes of this section, "primary housing
expenses" means the sum of payments for regular principal, interest, rent, utilities, hazard
insurance, real estate taxes, and association dues. There is a rebuttable presumption that
the foreclosure purchaser has not verified reasonable payment ability if the foreclosure
purchaser has not obtained documents other than a statement by the foreclosed homeowner
of assets, liabilities, and income;

(2) the foreclosure purchaser and the foreclosed homeowner complete a closing
for any foreclosure reconveyance in which the foreclosure purchaser obtains a deed or
mortgage from a foreclosed homeowner. For purposes of this section, "closing" means an
in-person meeting to complete final documents incident to the sale of the real property
or creation of a mortgage on the real property conducted by a closing agent, as defined
in section 82.17, who is not employed by or an affiliate of the foreclosure purchaser new text begin , or
employed by such an affiliate, and who does not have a business or personal relationship
with the foreclosure purchaser other than the provision of real estate settlement services new text end ;

(3) the foreclosure purchaser obtains the written consent of the foreclosed
homeowner to a grant by the foreclosure purchaser of any interest in the property during
such times as the foreclosed homeowner maintains any interest in the property; and

(4) the foreclosure purchaser complies with the requirements deleted text begin of deleted text end new text begin for disclosure, loan
terms, and conduct in new text end the federal Home Ownership Equity Protection Act, United States
Code, title 15, section 1639, or its implementing regulation, Code of Federal Regulations,
title 12, sections 226.31 deleted text begin to deleted text end new text begin , 226.32, and new text end 226.34, for any foreclosure reconveyance in which
the foreclosed homeowner obtains a vendee interest in a contract for deed new text begin , regardless of
whether the terms of the contract for deed meet the annual percentage rate or points and
fees requirements for a covered loan in Code of Federal Regulations, title 12, sections
226.32 (a) and (b) new text end ;

(b) fail to either:

(1) ensure that title to the subject dwelling has been reconveyed to the foreclosed
homeowner; or

(2) make a payment to the foreclosed homeowner such that the foreclosed
homeowner has received consideration in an amount of at least 82 percent of the
fair market value of the property within 150 days of either the eviction or voluntary
relinquishment of possession of the dwelling by the foreclosed homeowner. The
foreclosure purchaser shall make a detailed accounting of the basis for the payment
amount, or a detailed accounting of the reasons for failure to make a payment,
including providing written documentation of expenses, within this 150-day period. The
accounting shall be on a form prescribed by the attorney general, in consultation with
the commissioner of commerce, without being subject to the rulemaking procedures of
chapter 14. For purposes of this provision, the following applies:

(i) there is a rebuttable presumption that an appraisal by a person licensed or certified
by an agency of the federal government or this state to appraise real estate constitutes the
fair market value of the property;

(ii) the time for determining the fair market value amount shall be determined in the
foreclosure reconveyance contract as either at the time of the execution of the foreclosure
reconveyance contract or at resale. If the contract states that the fair market value shall
be determined at the time of resale, the fair market value shall be the resale price if
it is sold within 120 days of the eviction or voluntary relinquishment of the property
by the foreclosed homeowner. If the contract states that the fair market value shall be
determined at the time of resale, and the resale is not completed within 120 days of the
eviction or voluntary relinquishment of the property by the foreclosed homeowner, the fair
market value shall be determined by an appraisal conducted during this 120-day period
and payment, if required, shall be made to the homeowner, but the fair market value
shall be recalculated as the resale price on resale and an additional payment amount, if
appropriate based on the resale price, shall be made to the foreclosed homeowner within
15 days of resale, and a detailed accounting of the basis for the payment amount, or a
detailed accounting of the reasons for failure to make additional payment, shall be made
within 15 days of resale, including providing written documentation of expenses. The
accounting shall be on a form prescribed by the attorney general, in consultation with
the commissioner of commerce, without being subject to the rulemaking procedures
of chapter 14;

(iii) "consideration" shall mean any payment or thing of value provided to the
foreclosed homeowner, including unpaid rent or contract for deed payments owed by the
foreclosed homeowner prior to the date of eviction or voluntary relinquishment of the
property, reasonable costs paid to third parties necessary to complete the foreclosure
reconveyance transaction, payment of money to satisfy a debt or legal obligation of the
foreclosed homeowner, or the reasonable cost of repairs for damage to the dwelling caused
by the foreclosed homeowner; new text begin or a penalty imposed by a court for the filing of a frivolous
claim under section 325N.18, subdivision 6, new text end but

(iv) "consideration" shall not include amounts imputed as a down payment or fee
to the foreclosure purchaser, or a person acting in participation with the foreclosure
purchaser, incident to a contract for deed, lease, or option to purchase entered into as part
of the foreclosure reconveyance, except for reasonable costs paid to third parties necessary
to complete the foreclosure reconveyance;

(c) enter into repurchase or lease terms as part of the subsequent conveyance that are
unfair or commercially unreasonable, or engage in any other unfair conduct;

(d) represent, directly or indirectly, that:

(1) the foreclosure purchaser is acting as an advisor or a consultant, or in any other
manner represents that the foreclosure purchaser is acting on behalf of the homeowner;

(2) the foreclosure purchaser has certification or licensure that the foreclosure
purchaser does not have, or that the foreclosure purchaser is not a member of a licensed
profession if that is untrue;

(3) the foreclosure purchaser is assisting the foreclosed homeowner to "save the
house" or substantially similar phrase; or

(4) the foreclosure purchaser is assisting the foreclosed homeowner in preventing a
completed foreclosure if the result of the transaction is that the foreclosed homeowner will
not complete a redemption of the property;

(e) make any other statements, directly or by implication, or engage in any other
conduct that is false, deceptive, or misleading, or that has the likelihood to cause confusion
or misunderstanding, including, but not limited to, statements regarding the value of
the residence in foreclosure, the amount of proceeds the foreclosed homeowner will
receive after a foreclosure sale, any contract term, or the foreclosed homeowner's rights or
obligations incident to or arising out of the foreclosure reconveyance; or

(f) do any of the following until the time during which the foreclosed homeowner
may cancel the transaction has fully elapsed:

(1) accept from any foreclosed homeowner an execution of, or induce any foreclosed
homeowner to execute, any instrument of conveyance of any interest in the residence
in foreclosure;

(2) record with the county recorder or file with the registrar of titles any document,
including but not limited to, any instrument of conveyance, signed by the foreclosed
homeowner;

(3) transfer or encumber or purport to transfer or encumber any interest in
the residence in foreclosure to any third party, provided no grant of any interest or
encumbrance is defeated or affected as against a bona fide purchaser or encumbrance for
value and without notice of a violation of sections 325N.10 to 325N.18, and knowledge
on the part of any such person or entity that the property was "residential real property
in foreclosure" does not constitute notice of a violation of sections 325N.10 to 325N.18.
This section does not abrogate any duty of inquiry which exists as to rights or interests of
persons in possession of the residential real property in foreclosure; or

(4) pay the foreclosed homeowner any consideration.

Sec. 10.

Minnesota Statutes 2006, section 325N.18, is amended by adding a
subdivision to read:

new text begin Subd. 6. new text end

new text begin Stay of eviction action. new text end

new text begin (a) A court hearing an eviction action against a
foreclosed homeowner must issue an automatic stay, without imposition of a bond, if a
defendant makes a prima facie showing that the defendant:
new text end

new text begin (1) has (i) commenced an action concerning a foreclosure reconveyance; (ii) asserts
a defense under section 504B.121 that the property that is the subject of the eviction
action is also the subject of a foreclosure reconveyance in violation of sections 325N.10
to 325N.17; or (iii) asserts a claim or affirmative defense of fraud, false pretense, false
promise, misrepresentation, misleading statement, or deceptive practice, in connection
with a foreclosure reconveyance;
new text end

new text begin (2) owned the foreclosed residence;
new text end

new text begin (3) conveyed title to the foreclosed residence to a third party upon a promise that the
defendant would be allowed to occupy the foreclosed residence or other real property in
which the foreclosure purchaser or a person acting in participation with the foreclosure
purchaser has an interest and that the foreclosed residence or other real property would be
the subject of a foreclosure reconveyance; and
new text end

new text begin (4) since the conveyance, has continuously occupied the foreclosed residence or
other real property in which the foreclosure purchaser or a person acting in participation
with the foreclosure purchaser has an interest.
new text end

new text begin For purposes of this subdivision, notarized affidavits are acceptable means of proof
to meet the defendant's burden. Upon good cause shown, a defendant may request and
the court may grant up to an additional two weeks to produce evidence required to make
the prima facie showing.
new text end

new text begin (b) A court may award to a plaintiff a $500 penalty upon a showing that the
defendant filed a frivolous claim or asserted a frivolous defense.
new text end

new text begin (c) The automatic stay expires upon the later of:
new text end

new text begin (1) the failure of the foreclosed homeowner to commence an action in a court of
competent jurisdiction in connection with a foreclosed reconveyance transaction within
90 days after the issuance of the stay; or
new text end

new text begin (2) the issuance of an order lifting the stay by a court hearing claims related to the
foreclosure reconveyance.
new text end

new text begin (d) If, after the expiration of the stay or an order lifting the stay, a court finds that the
defendant's claim or defense was asserted in bad faith and wholly without merit, the court
may impose a sanction against the defendant of $500 plus reasonable attorney fees.
new text end

Sec. 11.

Laws 2004, chapter 263, section 26, is amended to read:

Sec. 26. EFFECTIVE DATE; EXPIRATION.

Sections 1 to 18, 22, 23, and 25 are effective August 1, 2004 deleted text begin , and expire December
31, 2009 deleted text end . Sections 19, 20, 21, and 24 are effective July 1, 2004.