§ 2426B. Presumptions, accounting, bona fide purchaser.
277 words·~1 min read·
/de/title-6/subchapter-iii-foreclosure-reconveyances/2426b·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)For the purposes of § 2425B(1)a. of this title, there is a rebuttable presumption that:
(1)A homeowner has a reasonable ability to pay for a subsequent reconveyance of the property if the homeowner’s payments for primary housing expenses and regular principal and interest payments on other personal debt, on a monthly basis, do not exceed 60% of the homeowner’s monthly gross income; and
(2)The foreclosure purchaser has not verified reasonable payment ability if the foreclosure purchaser has not obtained documents other than a statement by the homeowner of assets, liabilities, and income.
(b)The foreclosure purchaser shall make a detailed accounting of the basis for the amount of a payment made to the homeowner of a property resold within 18 months after entering into a foreclosure reconveyance agreement in accordance with § 2425B(2)b. of this title. The accounting shall include documentation of expenses and other consideration paid by the foreclosure purchaser and deducted from the resale price.
(c)A bona fide purchaser for value or bona fide lender for value who enters into a transaction with a homeowner or a foreclosure purchaser when a foreclosure consulting contract is in effect or during the period when a foreclosure reconveyance may be canceled, without notice of those facts, receives good title to the property, free and clear of the right of the parties to the foreclosure consulting contract or the right of the homeowner to rescind the foreclosure reconveyance.
(d)This subchapter may not be construed to impose any duty on a purchaser, title insurer, or title insurance producer with respect to the application of the proceeds of a sale of property by a foreclosure purchaser.