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Chapter 23 - High-cost And Consumer Home Loans. Section 37-23-70. Prohibited acts; complaints; penalties; statute of limitations; enforcement; costs. (A) A lender may not engage knowingly or intentionally in the unfair act or practice of "flipping" a consumer home loan.
SECTION 37-2-104. "Consumer credit sale" defined. (e) with respect to a sale of goods or services, the amount financed does not exceed twenty-five thousand dollars. (b) a sale of an interest in land if the debt is secured by a first lien or equivalent security interest in real estate.
37-23-80: Prohibits prepayment penalties for loans less than $150,000.
No mortgage or deed having the effect of a mortgage or other lien shall constitute a lien upon any real estate after the lapse of twenty years from the date for the maturity of the lien.
?There is no statute of limitation on the foreclosure of a mortgage. It is only when the mortgage debt has been due after maturity for a time sufficient to raise a presumption that the same has been satisfied that mere delay will furnish a defense to foreclosure.
(B) As used in this section "continuous breach of the peace" means a pattern of repeated acts or conduct which either (1) directly disturbs the public peace or (2) disturbs the public peace by inciting or tending to incite violence.
Section 37-2-307 provides that a motor vehicle dealer may charge a closing fee if the dealer files it with the Department, pays the filing fee, includes it in the advertised price of the motor vehicle, discloses it on Page 4 3 the sales contract, and displays it in a conspicuous location in the dealership.
The lender may assign all or part of the guaranteed portion of the loan to one or more holders by using an Assignment Guarantee Agreement.