| default to avoid a court action, acceleration and initiation of foreclosure, or other action to seize the property, which date shall not be less than 30 days after the date the notice is delivered, and the name, address, and telephone number of a person to whom the payment or tender shall be made.
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(b) If a lender or assignee asserts that grounds for acceleration exist and
requires the payment in full of all sums secured by the high risk home loan,
the
borrower or anyone authorized to act on the borrower's behalf may, at any time
before the title is transferred by means of foreclosure, by judicial
proceeding and sale, or other means, cure the default, and reinstate the high
risk
home loan. Cure of the default shall reinstate the borrower to the same
position
as if the default had not occurred and shall nullify, as of the date of the
cure, an
acceleration of any obligation under the high risk home loan arising from the
default.
(c) To cure a default under this Section, a borrower shall not be required
to pay any charge, fee, or penalty attributable to the exercise of the right to
cure
a default, other than the fees specifically allowed by this subsection. The
borrower
shall not be liable for any attorney fees relating to the default that are
incurred by
the lender or assignee prior to or during the 30-day period set forth in
subsection
(a) of this Section, nor for any such fees in excess of $100 that are incurred
by
the lender or assignee after the expiration of the 30-day period but before the
lender or assignee files a foreclosure or other judicial action or takes other
action
to seize or transfer ownership of the real estate. After the lender or assignee
files
a foreclosure or other judicial action or takes other action to seize or
transfer
ownership of the real estate, the borrower shall only be liable for attorney fees
that are reasonable and actually incurred by the lender or assignee, based on a
reasonable hourly rate and a reasonable number of hours.
(d) If a default is cured prior to the initiation of any action to foreclose or to
seize the residence, the lender or assignee shall not institute a proceeding or
other action for that default. If a default is cured after the initiation of any action,
the lender or assignee shall take such steps as are necessary to terminate the
action.
(e) A lender or a lender's assignee of a high risk home loan that has the
legal right to foreclose shall use the judicial foreclosure procedures provided
by
law. In such a proceeding, the borrower may assert the nonexistence of a
default
and any other claim or defense to acceleration and foreclosure, including any
claim or defense based on a violation of the Act, though no such claim or
defense shall be deemed a compulsory counterclaim.
(Source: P.A. 93-561, eff. 1-1-04.)
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