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and the modification, renewal, extension, amendment or | | deferral is part of a work-out process. |
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| | | Sec. 5. 9-A MRSA §8-206-A, sub-§§13-A to 13-C are enacted to read: |
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| | | 13-A.__A creditor may not advertise that refinancing | | preexisting debt with a high-rate, high-fee mortgage will reduce | | a consumer's aggregate monthly debt payment without also | | disclosing that the high-rate, high-fee mortgage may increase | | both the consumer's aggregate number of monthly debt payments and | | the aggregate amount paid by the consumer over the term of the | | high-rate, high-fee mortgage. |
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| | | 13-B.__A creditor may not recommend or encourage default or | | further default by a consumer 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. |
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| | | 13-C.__Beginning January 1, 2004, a creditor that makes a | | high-rate, high-fee mortgage to a consumer and offers the | | consumer 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 | | consumer the option of purchasing that insurance product on a | | monthly premium basis. |
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| | | If a consumer purchases from a lender an individual or group | | credit life, accident, health, disability or unemployment | | insurance product, that consumer 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 consumer by the creditor 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. |
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| | | Sec. 6. 9-A MRSA §8-206-A, sub-§§16-A, 16-B and 18 are enacted to read: |
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| | | 16-A.__A creditor that makes a high-rate, high-fee mortgage to | | a consumer and any assignee of that creditor have the obligation, | | jointly and severally, to refund or credit the consumer for any | | default charges, prepayment penalties or prepaid finance charges | | collected in excess of the limits set forth in this article. |
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| | | 16-B.__A high-rate, high-fee mortgage may not include a call | | provision that permits the creditor, in its sole discretion, to | | accelerate the indebtedness.__This subsection does not apply when |
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