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<section article="grp" article_name="Real Property" number="7-302" title_number="7" title_name="Mortgages, Deeds of Trust, and Vendor's Liens" subtitle_number="3" subtitle_name="Protection of Homeowners in Foreclosure Act">
  <level label="a">
    <text>Except as provided in subsection (b) of this section, this subtitle does not apply to:</text>
    <level label="1">
      <text>An individual admitted to practice law in the State, while performing any activity related to the individual’s regular practice of law in the State;</text>
    </level>
    <level label="2">
      <text>A person who holds or services a mortgage loan secured by a residence in default while the person performs servicing, collection, and loss mitigation activities in regard to that mortgage loan, provided the mortgage loan did not arise as a result of a foreclosure consulting contract;</text>
    </level>
    <level label="3">
      <level label="i">
        <text>A person doing business under any law of this State or the United States regulating banks, trust companies, savings and loan associations, credit unions, or insurance companies, while the person performs services as a part of the person’s normal business activities; and</text>
      </level>
      <level label="ii">
        <text>Any subsidiary, affiliate, or agent of a person described in item (i) of this item, while the subsidiary, affiliate, or agent performs services as a part of the subsidiary’s, affiliate’s, or agent’s normal business activities;</text>
      </level>
    </level>
    <level label="4">
      <text>A judgment creditor of the homeowner, if the judgment creditor’s claim accrued before the written notice of foreclosure sale required under § 7–105.4 of this title is sent;</text>
    </level>
    <level label="5">
      <text>A person licensed as a mortgage lender under Title 11, Subtitle 5 of the Financial Institutions Article while:</text>
      <level label="i">
        <text>Acting under the authority of that license in regard to a residence in default; and</text>
      </level>
      <level label="ii">
        <text>Arranging for a refinancing of a mortgage loan for the residence in default;</text>
      </level>
    </level>
    <level label="6">
      <text>A person licensed as a real estate broker, associate real estate broker, or real estate salesperson under Title 17 of the Business Occupations and Professions Article only:</text>
      <level label="i">
        <text>While the person:</text>
        <level label="1">
          <text>Engages in any activity for which the person is licensed under Title 17 of the Business Occupations and Professions Article; and</text>
        </level>
        <level label="2">
          <text>Does not violate any provision of § 7–307 of this subtitle or Title 17 of the Business Occupations and Professions Article; and</text>
        </level>
      </level>
      <level label="ii">
        <text>If the residence in default for which the person is conducting a licensed activity:</text>
        <level label="1">
          <text>Is listed in the local multiple listing service; and</text>
        </level>
        <level label="2">
          <text>Is sold or transferred through a settlement, including the conveyance or transfer of deed, title, or establishment of equitable interest;</text>
        </level>
      </level>
    </level>
    <level label="7">
      <text>A nonprofit organization that solely offers counseling or advice to homeowners in foreclosure or loan default, if the organization is not directly or indirectly related to and does not contract for services with for–profit lenders; or</text>
    </level>
    <level label="8">
      <text>A certified community development financial institution that purchases owner–occupied residential property for the purpose of transferring the property to the immediately preceding mortgagor or grantor under the circumstances specified in § 7–105.1 of this title.</text>
    </level>
  </level>
  <level label="b">
    <text>This subtitle does apply to an individual who:</text>
    <level label="1">
      <text>Is functioning in a position listed under subsection (a)(1) through (7) of this section; and</text>
    </level>
    <level label="2">
      <text>Is engaging in activities or providing services designed or intended to transfer title to a residence in default directly or indirectly to that individual, a relative of that individual, or an agent or affiliate of that individual.</text>
    </level>
  </level>
</section>
