SALE OR TRANSFER OF MORTGAGE LOANS

2010
02.13

The problem with debit cards is if someone gets your number and takes your money, you are out of busines and all your checks bounce. Sure, the banks say they’ll replace it, but you know they’ll treat you like a liar and thief for a few days before they give it back. At least with a credit card, they aren’t emptying your bank account and you can send them a notice and not pay.

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:

`(g) 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,’.

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