Sec 33-420.01. Suspension of line of credit; payoff demand statement; definitions  


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  • A. A secured lender under a revolving line of credit against real property shall suspend the revolving line of credit for a minimum of forty-five days on receipt of a request for a payoff demand statement as defined in section 33-715 from an escrow agent who is licensed pursuant to title 6, chapter 7.

    B. This section shall not be construed to validate, invalidate or otherwise affect the foreclosure of a mortgage, the exercise of a trustee's power of sale or the exercise of a seller's right to a forfeiture under an agreement for sale of real property.

    C. For the purposes of this section:

    1. "Revolving line of credit" means an open end revolving loan that is established pursuant to a written agreement between a borrower and a lender in which the lender agrees to lend the borrower money on a continuing basis for as long as the outstanding principal amount owed by the borrower does not exceed a specified amount.

    2. "Secured lender" means any one of the following:

    (a) A mortgagee on a mortgage.

    (b) A beneficiary on a deed of trust.

    (c) A person who holds or retains legal title to real property as security for financing the purchase of the real property under an agreement for sale of real property.

    (d) A person who holds or retains a security interest in real property to secure the repayment of a loan.

    (e) The authorized agent of those listed in this paragraph.

    3. "Suspend" means to forbid the borrower from increasing or incurring any additional debt on the revolving line of credit.