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§ 7-305. Rescission of foreclosure consulting contracts

West's Annotated Code of MarylandReal PropertyEffective: April 3, 2008

West's Annotated Code of Maryland
Real Property (Refs & Annos)
Title 7. Mortgages, Deeds of Trust, and Vendor's Liens (Refs & Annos)
Subtitle 3. Protection of Homeowners in Foreclosure Act (Refs & Annos)
Part II. Foreclosure Consultants (Refs & Annos)
Effective: April 3, 2008
MD Code, Real Property, § 7-305
§ 7-305. Rescission of foreclosure consulting contracts
Right of homeowner to rescind contract
(a) In addition to any other right under law to cancel or rescind a contract, a homeowner has the right to rescind a foreclosure consulting contract at any time.
Written notice of rescission
(b) Rescission occurs when the homeowner gives written notice of rescission to the foreclosure consultant at the address specified in the contract or through any facsimile or electronic mail address identified in the contract or other materials provided to the homeowner by the foreclosure consultant.
Rescission effective when deposited in mail
(c) Notice of rescission, if given by mail, is effective when deposited in the United States mail, properly addressed, with postage prepaid.
Form of notice
(d) Notice of rescission need not be in the form provided with the contract and is effective, however expressed, if it indicates the intention of the homeowner to rescind the foreclosure consulting contract .
Repayment of funds with interest
(e) After the rescission of a foreclosure consulting contract, the homeowner shall repay, within 60 days from the date of rescission, any funds paid or advanced by the foreclosure consultant or anyone working with the foreclosure consultant under the terms of the foreclosure consulting contract, together with interest calculated at the rate of 8% a year.
Conditions
(f) The right to rescind may not be conditioned on the repayment of any funds.

Credits

Added by Acts 2005, c. 509, § 1, eff. May 26, 2005. Amended by Acts 2008, c. 5, § 1, eff. April 3, 2008; Acts 2008, c. 6, § 1, eff. April 3, 2008.
MD Code, Real Property, § 7-305, MD REAL PROP § 7-305
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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