PRINTER'S NO. 4692

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2970 Session of 2006


        INTRODUCED BY McGEEHAN, CALTAGIRONE, JOSEPHS, W. KELLER,
           PRESTON, ROEBUCK, SABATINA AND SANTONI, OCTOBER 3, 2006

        REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, OCTOBER 3, 2006

                                     AN ACT

     1  Providing a remedy for misrepresentation as to occupation by
     2     mortgagors of residential property.

     3     The General Assembly of the Commonwealth of Pennsylvania
     4  hereby enacts as follows:
     5  Section 1.  Short title.
     6     This act shall be known and may be cited as the Residential
     7  Mortgage Occupational Misrepresentation Act.
     8  Section 2.  Definitions.
     9     The following words and phrases when used in this act shall
    10  have the meanings given to them in this section unless the
    11  context clearly indicates otherwise:
    12     "Residential mortgage."  A mortgage on residential property.
    13     "Residential property."  Property which is subject to a
    14  zoning classification of single-family residential.
    15  Section 3.  Misrepresentations.
    16     If a mortgagor obtains more favorable terms for a loan
    17  contract secured by a residential mortgage as a result of a


     1  misrepresentation of the mortgagor's intent to occupy the
     2  residential property:
     3         (1)  If the loan contract is still executory on the part
     4     of the creditor, the loan contract is void.
     5         (2)  If the loan contract has been executed by the
     6     creditor, the entire amount of the loan, including interest,
     7     shall become due immediately.
     8  Section 10.  Effective date.
     9     This act shall take effect in 180 days.














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