LD 494
pg. 3
Page 2 of 4 An Act To Enhance Consumer Protections in Relation to Certain Mortgages Page 4 of 4
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LR 1736
Item 1

 
both the borrower's aggregate number of monthly debt payments
and the aggregate amount paid by the borrower over the term of
the high-rate, high-fee mortgage.

 
13-B.__A creditor may not recommend or encourage default or
further default by a borrower on an existing loan or other
debt prior to the closing of a high-rate, high-fee mortgage
that refinances all or any portion of the existing loan or
debt.

 
13-C.__Beginning January 1, 2004, a lender that makes a
high-rate, high-fee mortgage to a borrower and offers the
borrower the option to purchase an individual or group credit
life, accident, health, disability or unemployment insurance
product on a prepaid single premium basis must also offer the
borrower the option of purchasing that insurance product on a
monthly premium basis.

 
If a borrower purchases from a lender an individual or group
credit life, accident, health, disability or unemployment
insurance product, that borrower has the right to cancel the
insurance product at any time and receive a refund of any
unearned premiums paid.__Notice of the right to cancel must be
sent by mail to the borrower by the lender no later than 30
days after consummation.__The notice must also disclose the
type of insurance product purchased, the cost of the product
and the procedure for canceling the product.

 
Sec. 7. 9-A MRSA §8-206-A, sub-§§16-A, 16-B and 18 are enacted to read:

 
16-A.__The lender and any assignee of the lender have the
obligation, jointly and severally, to refund or credit the
borrower for any default charges, prepayment penalties or
prepaid finance charges collected in excess of the limits set
forth in this article.

 
16-B.__A high-rate, high-fee mortgage may not include a call
provision that permits the lender, in its sole discretion, to
accelerate the indebtedness.__This subsection does not apply
when repayment of the loan is accelerated by a bona fide
default, pursuant to a due-on-sale clause provision or
pursuant to another provision of the loan agreement unrelated
to the payment schedule, including, but not limited to,
bankruptcy or receivership.

 
18.__A political subdivision of this State is prohibited
from enacting, issuing and enforcing ordinances, resolutions,
rules, regulations, orders, requests for proposals or requests
for bids pertaining to the financial lending activities of a
person who:


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