Iowa · statute · Iowa Code ch. 714E · 9 active provisions
As used in this chapter, unless the context otherwise requires: 1. “Business day” means any calendar day except Saturday, Sunday, or a public holiday including a holiday observed on a Monday. 2. “Contract” means an agreement, or a term in an agreement, between a foreclosure consultant and an owner for the rendition of…
1. A foreclosure consultant contract must be in writing and must fully disclose the exact nature of the foreclosure consultant’s services and the total amount and terms of compensation. 2. The following notice, printed in at least fourteen point boldface type and completed with the name of the foreclosure consultant, m…
1. In addition to any other right under law to rescind a contract, an owner has the right to cancel such a contract until midnight of the third business day after the day on which the owner signs a contract which complies with section 714E.2. 2. Cancellation occurs when the owner gives written notice of cancellation to…
It is a violation of this chapter for a foreclosure consultant to do any of the following: 1. Claim, demand, charge, collect, or receive compensation until after the foreclosure consultant has fully performed each and every service the foreclosure consultant contracted to perform or represented the foreclosure consulta…
A waiver by an owner of the provisions of this chapter is void and unenforceable as contrary to public policy. An attempt by a foreclosure consultant to induce an owner to waive the owner’s rights is a violation of this chapter.
1. A violation of this chapter is an unlawful practice pursuant to section 714.16, and all remedies of section 714.16 are available for such an action. A private cause of action brought under this chapter by an owner is in the public interest. An owner may bring an action against a foreclosure consultant for a violatio…
A person who commits any violation described in section 714E.4 commits a serious misdemeanor. Prosecution or conviction for a violation described in section 714E.4 shall not bar prosecution or conviction for any other offenses. These penalties are cumulative to any other remedies or penalties provided.
If any provision of sections 714E.2 through 714E.7 and 714E.9 or the application of any of these provisions to any person or circumstance is held to be unconstitutional and void, the remainder of sections 714E.2 through 714E.7 and 714E.9 remains valid.
A provision in a contract which attempts or purports to require arbitration of a dispute arising under sections 714E.2 through 714E.5 is void at the option of the owner.