Maryland Real Estate License Practice Exam

Question: 1 / 400

Under PHIFA, what can a homeowner do if a foreclosure consultant fails to provide services as agreed?

Bring a private legal action against the consultant for up to $500.

Bring a private legal action against the consultant for up to $1,000.

Do nothing, as a private action cannot be brought.

Bring a private legal action against the consultant to recover up to $3,000, including attorney's fees.

Under the provisions of the Maryland Homeowners Protection Act (PHIFA), homeowners have specific rights when dealing with foreclosure consultants. If a consultant fails to provide the agreed-upon services, the homeowner is empowered to take action to seek restitution. The correct answer reflects that right, allowing the homeowner to initiate a legal action for damages of up to $3,000, along with the possibility of recovering attorney's fees.

This option emphasizes the protective nature of PHIFA, which was designed to shield homeowners from predatory practices during vulnerable times such as foreclosure. By permitting such a significant potential recovery, the law underscores the accountability of foreclosure consultants and provides a mechanism for homeowners to assert their rights and seek compensation for any harm caused by non-performance or misrepresentation.

The potential recovery amount, coupled with attorney's fees, serves as an important deterrent against unethical practices in the foreclosure consulting industry, encouraging compliance and fair dealings.

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