LIENS, MORTGAGES AND PLEDGES
45-1506C. supplemental notice — opportunity to request LOAN modification. (1) In the case of a loan made by a state or federally regulated beneficiary, which loan is secured by a deed of trust encumbering a borrower’s primary residential property for any noncommercial loan, the notice provided in this section shall accompany the notice of default provided to the grantor. The beneficiary or its agent shall determine whether the subject real property is a borrower’s primary residence by searching the county assessor’s tax rolls prior to recording a notice of default to confirm whether such real property has been granted a homeowner’s property tax exemption pursuant to section 63-602G, Idaho Code. Any property for which a homeowner’s property tax exemption has been granted for the year in which the notice of default is recorded shall be deemed to be a borrower’s primary residential dwelling. If no homeowner’s property tax exemption has been granted for the year in which the notice of default is recorded, the provisions of this section shall not apply. The notice, if required, shall be printed in at least 14-point type and substantially conform to the following form:
YOU ARE IN DANGER OF LOSING YOUR PROPERTY
IF YOU DO NOT TAKE ACTION IMMEDIATELY
This notice concerns the mortgage loan for your property at (enter the complete address).
You have not fulfilled your contractual obligations under the terms of your mortgage loan. Under Idaho law, the holder of your loan, "the beneficiary," can sell your property to satisfy your obligation.
As of (enter the date), you needed to pay $(enter the amount owed) to bring your mortgage loan current. That amount may have increased since that date and may include additional costs and fees described in the loan documents.
The beneficiary can provide you with the exact amount that you owe, but you have to ask. Call (enter the toll-free telephone number) to find out the exact amount you must pay to bring your mortgage loan current and to obtain other details about your loan. You also can send a written request for this information by certified mail to: (enter the complete address).
LOAN MODIFICATION ASSISTANCE
If you want to save your home from foreclosure but you cannot afford your current loan payments, you need to contact the beneficiary immediately to ask about any available loss mitigation programs. You may or may not qualify for a loan modification or other alternative to foreclosure.
You may request to meet with the beneficiary to discuss options for modifying your loan.
IF YOU WANT TO APPLY FOR A MODIFICATION OF YOUR LOAN, YOU MUST COMPLETE AND RETURN THE ENCLOSED "MODIFICATION REQUEST FORM" BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED. THE BENEFICIARY MUST RECEIVE THE FORM ON OR BEFORE (enter the date), WHICH IS THIRTY (30) DAYS AFTER THE DATE BELOW.
WARNING: You may get offers from people who tell you they can help you keep your property. Never pay someone to help you obtain a loan modification. Help is available for free from housing counselors who are certified through the department of housing and urban development. Visit www.hud.gov for a current list of certified housing counselors in Idaho.
DATED: (enter the date)
Beneficiary name: (print name)
Beneficiary or beneficiary’s agent’s signature: (sign name)
Beneficiary’s telephone number: (enter the toll-free telephone number)
(2) (a) The notice required under subsection (1) of this section must be accompanied by a form to request a loan modification. The form must include the address to which and state the date by which the grantor must return the form. The form may state that the grantor must disclose current information about the grantor’s income and expenses, the grantor’s address, phone number and electronic mail address and other facts that may affect the grantor’s eligibility for a loan modification.
(b) If the trust deed, or any assignments of the trust deed, is in the Spanish language, the notice required under subsection (1) of this section and the form identified in paragraph (a) of this subsection shall be in the Spanish language.
(3) If a grantor returns the form identified in subsection (2) of this section to the beneficiary by the date specified on the form, the beneficiary or the beneficiary’s agent shall review the information the grantor provided in the form and shall evaluate the grantor’s request. The beneficiary or the beneficiary’s agent, as soon as reasonably practicable but not later than forty-five (45) days after receiving the form, shall notify the grantor in writing whether the beneficiary approves or denies the request or requires additional information. A trustee’s sale for the property subject to the loan may not occur until after the beneficiary or the beneficiary’s agent timely responds to the grantor. During the forty-five (45) day period, the beneficiary or the beneficiary’s agent may request the grantor to provide additional information required to determine whether the loan can be modified.
(4) (a) Except as provided in paragraph (b) of this subsection, if the grantor timely requests a meeting with the beneficiary, the beneficiary or the beneficiary’s agent shall either meet with the grantor in person or speak to the grantor by telephone before the beneficiary or the beneficiary’s agent responds to the grantor’s request to modify the loan. If the grantor requests the meeting, the beneficiary or the beneficiary’s agent shall schedule the meeting by contacting the grantor at the grantor’s last known address or telephone number or at the grantor’s electronic mail address, if the grantor indicates on the loan modification form that the beneficiary or the beneficiary’s agent can contact the grantor at the electronic mail address.
(b) A beneficiary or the beneficiary’s agent complies with the provisions of paragraph (a) of this subsection even if the beneficiary or the beneficiary’s agent does not speak to or meet with the grantor if, within seven (7) business days after the beneficiary or the beneficiary’s agent attempts to contact the grantor, the grantor does not schedule a meeting, or fails to attend a scheduled meeting or telephone call.
(c) The beneficiary or the beneficiary’s agent that meets with the grantor shall have or be able to obtain authority to modify the loan.
(5) At least twenty (20) days prior to the date of sale, the trustee shall file for record in the office of the recorder in each county wherein the trust property, or some part or parcel, is situated, an affidavit substantially in the following form from the beneficiary or the beneficiary’s agent which states that the beneficiary or the beneficiary’s agent has complied with the provisions of this section. The filing of the following affidavit of compliance is conclusive evidence of compliance with this section as to any party relying on said affidavit of compliance:
AFFIDAVIT OF COMPLIANCE WITH IDAHO CODE SECTION 45-1506C
COMES NOW…………………………., being first duly sworn, deposes and says:
1. I am the (title — officer or agent) of (name of beneficiary), the beneficiary of the Deed of Trust recorded as instrument number (recorder’s instrument number), County of (County), Idaho, the "Deed of Trust."
2. Beneficiary or Beneficiary’s agent has complied with section 45-1506C, Idaho Code, in by: (a) providing the notice required in section 45-1506C(1), Idaho Code; (b) providing the loan modification request form required in section 45-1506C(2), Idaho Code; (c) evaluating the request for modification and providing a written response to the request as required in section 45-1506C(3), Idaho Code; and (d) scheduling, and if attended by the grantor of the Deed of Trust, attending, in person or by telephone, the meeting required in section 45-1506C(4), Idaho Code.
(INSERT NOTARY SUBSCRIPTION FOR STATE IN WHICH AFFIDAVIT IS EXECUTED; IDAHO FORM OF SUBSCRIPTION IS SET OUT BELOW)
STATE OF IDAHO )
County of………. )
On this….. day of (month), 20.., before me,………………., a Notary Public in and for said state, personally appeared………., known or identified to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that such officer or agent executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written.
(6) Whenever the attorney general has reason to believe that any person has failed to follow the requirements of this section and that proceedings would be in the public interest, he may bring an action in the name of the state against such person for enforcement of the provisions of this section with the same procedure and in the same manner as granted the attorney general and district court pursuant to section 48-606(1)(a), (b), (d), (e) and (f) and subsections (2) through (5), Idaho Code, of the Idaho consumer protection act, chapter 6, title 48, Idaho Code.
(7) All penalties, costs and fees received or recovered by the attorney general shall be remitted to the consumer protection account and expended pursuant to section 48-606(5), Idaho Code.
[45-1506C, added 2011, ch. 323, sec. 2, p. 941.]