Maryland Real Property Section 7-310

Article - Real Property

§ 7-310.

      (a)      If a foreclosure reconveyance is included in a foreclosure consulting contract or arranged after the execution of a foreclosure consulting contract, the foreclosure purchaser shall provide the homeowner with a document entitled "Notice of Transfer of Deed or Title".

      (b)      The document entitled "Notice of Transfer of Deed or Title" shall:

            (1)      Contain the entire agreement of the parties;

            (2)      Be printed in 12 point type and written in the same language that is used by the homeowner and was used in discussions to describe the foreclosure consultant's or foreclosure purchaser's services or to negotiate the transfer or sale of the property;

            (3)      Be dated and personally signed by the homeowner and the foreclosure purchaser and witnessed and acknowledged by a notary public appointed and commissioned by the State;

            (4)      Describe in detail the terms of any foreclosure conveyance including:

                  (i)      The name, business address, telephone number, and facsimile number of the person to whom the deed or title will be transferred;

                  (ii)      The address of the residence in foreclosure;

                  (iii)      The total consideration to be given by the foreclosure purchaser, the foreclosure consultant, and any other party as a result of the transfer;

                  (iv)      The time at which title is to be transferred to the foreclosure purchaser and the terms of any conveyance;

                  (v)      Any financial or legal obligations that the homeowner may remain subject to, including a description of any mortgages, liens, or other obligations that will remain in place;

                  (vi)      A description of any services of any nature that the foreclosure purchaser will perform for the homeowner before or after the sale or transfer;

                  (vii)      A complete description of the terms of any related agreement designed to allow the homeowner to remain in the home, including the terms of any rental agreement, repurchase agreement, contract for deed, land installment contract, or option to buy, and any provisions for eviction or removal of the homeowner in the case of late payment; and

                  (viii)      How any repurchase price or fee associated with any transfer of title or deed back to the homeowner will be calculated.

            (5)      Contain the following statement printed in at least 14 point boldface type and located in immediate proximity to the space reserved for the homeowner's signature:

      "If you change your mind about transferring ownership of your property, you, the homeowner, may rescind the transfer of the deed or title to your property any time within the next 3 days. As part of any rescission, you must repay, within 60 days, any money spent on your behalf as a result of this agreement, along with interest calculated at the rate of 8% a year.

      THIS IS AN IMPORTANT LEGAL CONTRACT AND COULD RESULT IN THE LOSS OF YOUR HOME. CONTACT AN ATTORNEY BEFORE SIGNING.".

      (c)      (1)      If a foreclosure reconveyance is included in a foreclosure consulting contract or arranged after the execution of a foreclosure consulting contract, the foreclosure purchaser shall provide the homeowner with a document entitled "NOTICE OF RIGHT TO CANCEL TRANSFER OF DEED OR TITLE".

            (2)      The NOTICE OF RIGHT TO CANCEL TRANSFER OF DEED OR TITLE shall:

                  (i)      Be a separate document and not printed on the back of any other document; and

                  (ii)      Contain the following statement printed in at least 14 point type:

      "NOTICE OF RIGHT TO CANCEL TRANSFER OF DEED OR TITLE

      (Date)

      You may cancel or rescind the transfer of ownership of your property through the transfer of a deed or title within 3 business days after the date you sign this document.

      To rescind this transaction, mail or deliver a signed and dated copy of this Notice, or any other written notice expressing a similar intent to (name of foreclosure consultant) at (address of foreclosure consultant, including facsimile and electronic mail).

      As part of any rescission, you (the homeowner) must repay any money spent on your behalf as a result of this agreement, within 60 days, along with interest calculated at the rate of 8% a year.

      THIS IS AN IMPORTANT LEGAL CONTRACT AND COULD RESULT IN THE LOSS OF YOUR HOME. CONTACT AN ATTORNEY BEFORE SIGNING.

      NOTICE OF RESCISSION

      TO: (name of foreclosure consultant)

(address of foreclosure consultant, including facsimile and electronic mail)

      I hereby rescind the transfer of deed or title to my property. Please return all executed documents to me.

      .................. (Date)

      ............................. (Homeowner's signature)".

      (d)      The foreclosure purchaser shall provide the homeowner with a copy of the Notice of Right to Cancel Transfer of Deed or Title immediately on execution of any document that includes a foreclosure reconveyance.

      (e)      The time during which the homeowner may rescind the contract or transfer does not begin to run until the foreclosure purchaser has complied with this section.

      (f)      Any provision in a foreclosure consulting contract or other agreement concerning a foreclosure reconveyance that attempts or purports to waive the homeowner's rights under this section, consent to jurisdiction for litigation or choice of law in a state other than Maryland, consent to venue in a county other than the county in which the property is located, or impose any costs or filing fees greater than the fees required to file an action in a circuit court, is void.

      (g)      A foreclosure reconveyance may not be carried out using a power of attorney from the homeowner.

      (h)      A notice of rescission need not take the particular form specified in this subtitle or any form contained in any agreement with the foreclosure consultant or foreclosure purchaser and is effective, however expressed, if it indicates the intention of the homeowner to rescind the reconveyance agreement.

      (i)      The right to rescind may not be conditioned on the repayment of any funds.

      (j)      Within 10 days after receipt of a notice of rescission given in accordance with this subtitle, the foreclosure purchaser shall return, without condition, any original deed, title, contract, and any other document signed by the homeowner.

      (k)      During the 3-day rescission period, a deed or other document affecting title to the homeowner's residence may not be recorded.



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