Maine Revised Statutes, Title 9-A, § 3-316: Real estate settlement procedures
A creditor and its mortgage loan originators must comply with RESPA and Regulation X.
- Compliance
- Mortgage lending
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A creditor and its mortgage loan originators must comply with RESPA and Regulation X.
A lessee’s obligation after a consumer lease ends cannot exceed twice the average monthly payment, except for damages or other default charges.
A consumer credit agreement generally may not impose default charges, except for specified authorized and reasonable charges; violating terms are unenforceable.
An assignee of the seller’s or lessor’s rights in a consumer credit sale or consumer lease is subject to the buyer’s or lessee’s claims and defenses arising from the sale or lease.
A lessor in a consumer lease can be subject to the consumer’s claims and defenses against the seller, and the lessor’s liability is capped by the amount due if the lease ended when notice was received.
A lender making a consumer loan to help a consumer buy goods or services from a seller is subject to the consumer’s claims and defenses against the seller if the listed conditions are met.
This section defines “home solicitation sale” and lists what counts and what does not.
1. In addition to any right otherwise to revoke an offer, the buyer has the right to cancel a home solicitation sale until midnight of the third business day after the day on which the buyer signs an agreement or offer to purchase which
1. In a home solicitation sale, the seller must present to the buyer and obtain the buyer's signature to a written agreement or offer to purchase that designates as the date of the transaction the date on which the buyer actually signs,
After a home solicitation sale is cancelled or an offer to purchase is revoked, the seller must return the buyer’s payments and debt papers within 20 days, cannot keep a cancellation fee, and must return traded-in goods in good condition or the buyer may recover the trade-in allowance.
After a home solicitation sale is cancelled or an offer is revoked, the buyer must, on demand, return delivered goods within a reasonable time; the buyer may do so only at the buyer’s residence, and the seller cannot recover compensation for services performed before cancellation.
This Part does not apply to certain consumer credit transactions or to certain securities sales by registered dealers and their agents or salespersons.
A violation of this Part is treated as a violation of Maine’s Unfair Trade Practices Act.
This section gives the article its short title and says it may be cited as the “Maine Consumer Credit Code -- Insurance.”
This section says Parts 1, 2, and 3 of the Article generally apply to insurance tied to a consumer credit transaction, with an exception for certain insurance-financed loans.
Defines “consumer credit insurance” and “Credit Insurance Act.”
A creditor may provide and charge separately for insurance in covered consumer credit transactions, but accident-and-health consumer credit insurance has extra limits, including a $30 monthly minimum payment or 18-month loan duration, a 30-day waiting period, and a required consumer option and cost disclosure.
The provisions of Title 24‑A, section 2857, shall apply to insurance provided or to be provided in relation to a consumer credit transaction. [PL 1973, c. 762, §1 (NEW).]
When applying unconscionability rules to a separate insurance charge, the listed factors must be considered.
A creditor generally may not charge a consumer for insurance more than the insurer’s premium, but for open-end credit consumer credit insurance the charge may be calculated each billing cycle using the current premium rate on the unpaid balance.
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