Buried in The Helping Families Save Their Homes Act of 2009, which the President signed into law in 2009, is an amendment to the Truth in Lending Act (TILA) that calls for a notice to the consumer when a “˜mortgage loan’ is transferred or assigned. The provision appears to be effective immediately, and violations are subject to TILA liability.
The text of the provision follows:
SEC. 404. NOTIFICATION OF SALE OR TRANSFER OF MORTGAGE LOANS. (a) IN GENERAL.””Section 131 of the Truth in Lending Act (15 U.S.C. 1641) is amended by adding at the end the following:
NOTICE OF NEW CREDITOR.”” “˜”˜(1) IN GENERAL.””In addition to other disclosures required by this title, not later than 30 days after the date on which a mortgage loan is sold or otherwise transferred or assigned to a third party, the creditor that is the new owner or assignee of the debt shall notify the borrower in writing of such transfer, including””
(A) the identity, address, telephone number of the new creditor;
(B) the date of transfer;
(C) how to reach an agent or party having authority to act on behalf of the new creditor;
(D) the location of the place where transfer of ownership of the debt is recorded; and
(E) any other relevant information regarding the new creditor.
(2) DEFINITION.””As used in this subsection, the term “˜mortgage loan’ means any consumer credit transaction that is secured by the principal dwelling of a consumer.”.
(b) PRIVATE RIGHT OF ACTION.””Section 130(a) of the Truth in Lending Act (15 U.S.C. 1640(a)) is amended by inserting “˜”˜subsection (f) or (g) of section 131,” after “˜”˜section 125,”.
THIS OPENS UP A HUGE NEW AVENUE OF ATTACK AGAINST FORECLOSURE AND