Home Equity Theft Prevention Act
The Home Equity Theft Prevention Act (HETPA, NY RPL §265-a) is a New York State law passed on July 26, 2006, to provide homeowners of residential property with information and disclosures in order to make informed decisions when approached by persons seeking a sale or transfer of the homeowner's property, particularly when homeowners are in default on their mortgage payments or the property is in foreclosure. Covered contract A contract is covered if it is either (i) currently in foreclosure or on a tax lien sale list; or (ii) the owner is in default (behind on mortgage payments by 2+ months) and the sale involves a reconveyance agreement. A reconveyance arrangement has two elements: (i) A sale, mortgage, lien, encumbrance or any other method which allows an "equity purchaser" to obtain legal or equitable title to all or part of the property; and (ii) Some agreement or promise to the "equity seller" that he/she can regain ownership of the property (e.g., the purchase agreement, option to purchase, lease, etc.) There are some key requirements for a valid reconveyance agreement. The equity purchaser needs the equity seller's permission to resell the property to anyone else for so long as the equity