Action against mortgage servicer for damages arising out of unfair, abusive, or deceptive trade practices.

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    (a)    (1)    In this section the following words have the meaning indicated.

        (2)    “Homeowner” means:

            (i)    A record owner of residential property that is owner–occupied at the time the alleged violation of § 13–301 of the Commercial Law Article or other State law occurred; or

            (ii)    An individual who occupies residential property under a use and possession order issued under Title 8, Subtitle 2 of the Family Law Article.

        (3)    “Mortgage servicer” has the meaning stated in § 11–501 of the Financial Institutions Article.

        (4)    “Residential property” has the meaning stated in § 7–105.1 of the Real Property Article.

        (5)    “Unfair, abusive, or deceptive trade practice” has the meaning stated in § 13–301 of the Commercial Law Article.

    (b)    This section applies only to claims relating to residential property.

    (c)    An action filed by a homeowner against a mortgage servicer for damages arising out of an unfair, abusive, or deceptive trade practice shall be filed within the earlier of:

        (1)    5 years after a foreclosure sale of the residential property; or

        (2)    If the mortgage servicer discloses its unfair, abusive, or deceptive trade practice to the homeowner, 3 years after the disclosure to the homeowner.


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