A. An act or practice in violation of this chapter is an unlawful practice under section 44-1522 and is subject to enforcement through private action and prosecution by the attorney general.

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Terms Used In Arizona Laws 6-1707

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Agreement: means the document that on execution obligates the borrower and originator under the reverse mortgage. See Arizona Laws 6-1701
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Originator: means a person who regularly makes or brokers reverse mortgages, including a creditor or broker. See Arizona Laws 6-1701
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.

B. Any provision of a reverse mortgage agreement that violates this chapter is unenforceable against the borrower.

C. A private action against an originator shall be commenced subject to the applicable statute of limitations for written contracts.

D. The remedies provided in this chapter are not intended to be the exclusive remedies available to the borrower.