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Automobile Fraud: § 32709 Penalties and enforcement

(a) Civil penalty.

(1) A person that violates this chapter or a regulation prescribed or order issued under this chapter is liable to the United States Government for a civil penalty of not more than $10,000 for each violation. A separate violation occurs for each motor vehicle or device involved in the violation. The maximum penalty under this subsection for a related series of violations is $1,000,000.

Automobile Fraud: A.1.4.7 1994 Recodification

The Motor Vehicle Information and Cost Savings Act was reenacted and recodified by Pub. L. No. 103-272, 108 Stat. 1049 (1994). The Act is now found at 49 U.S.C. §§ 32101, 32701–32711.

The intent was to move all transportation laws into one title, and to conform the law to contemporary language usage. No substantive change was intended. The legislative history and the explanation for specific changes is found in H.R. Rep. No. 103-180, at 5 (1993), reprinted in 1994 U.S.C.C.A.N. 818.

Automobile Fraud: § 32703 Preventing tampering

A person may not—

(1) advertise for sale, sell, use, install, or have installed, a device that makes an odometer of a motor vehicle register a mileage different from the mileage the vehicle was driven, as registered by the odometer within the designed tolerance of the manufacturer of the odometer;

(2) disconnect, reset, alter, or have disconnected, reset, or altered, an odometer of a motor vehicle intending to change the mileage registered by the odometer;

Automobile Fraud: § 2721 Prohibition on release and use of certain personal information from State motor vehicle records

(a) In general.—A State department of motor vehicles, and any officer, employee, or contractor thereof, shall not knowingly disclose or otherwise make available to any person or entity:

(1) personal information, as defined in 18 U.S.C. § 2725(3), about any individual obtained by the department in connection with a motor vehicle record, except as provided in subsection (b) of this section; or

Automobile Fraud: § 32710 Civil actions by private persons

(a) Violation and amount of damages.—A person that violates this chapter or a regulation prescribed or order issued under this chapter, with intent to defraud, is liable for 3 times the actual damages or $10,000, whichever is greater.

Automobile Fraud: A.1.4.8 1996 Appropriations Bill

The Department of Transportation’s 1997 appropriation bill, Pub. L. No. 104-205, § 332, 110 Stat. 2951 (1996) states: “Notwithstanding any other provision of law, the Secretary may use funds appropriated under this Act, or any subsequent Act, to administer and implement the exemption provisions of 49 CFR 580.6 and to adopt or amend exemptions from the disclosure requirements of 49 CFR part 580 for any class or category of vehicles that the Secretary deems appropriate.” The NHTSA views this provision as authority for it to exempt classes of cars from the Act’s disclosure requirements.

Automobile Fraud: § 32704 Service, repair and replacement

(a) Adjusting mileage.—A person may service, repair, or replace an odometer of a motor vehicle if the mileage registered by the odometer remains the same as before the service, repair, or replacement. If the mileage cannot remain the same—

(1) the person shall adjust the odometer to read zero; and

Automobile Fraud: § 30501 Definitions

In this chapter—

(1) “automobile” has the same meaning given that term in section 32901(a) of this title.

(2) “certificate of title” means a document issued by a State showing ownership of an automobile.

(3) “insurance carrier” means an individual or entity engaged in the business of underwriting automobile insurance.

Automobile Fraud: A.1.4.2 1972 Act

April 29, 1971. Odometer requirements introduced in the Senate by Senator Magnuson as an amendment to pending Motor Vehicle Information and Cost Savings Act. 117 Cong. Rec. 12,659 (1971).

May 7, 10, 11, 1971. Senate Hearings: NADA testifies in favor of the Act. Hearings on S. 945, S. 946, and S. Con. Res. 23 Before the Senate Comm. on Commerce, 92d Cong., pt. 3, at 1455–59 (1971).

Automobile Fraud: § 2722 Additional unlawful acts

(a) Procurement for unlawful purpose.—It shall be unlawful for any person knowingly to obtain or disclose personal information, from a motor vehicle record, for any use not permitted under section 2721(b) of this title.

(b) False representation.—It shall be unlawful for any person to make false representation to obtain any personal information from an individual’s motor vehicle record.

Automobile Fraud: § 32711 Relationship to State law

Except to the extent that State law is inconsistent with this chapter, this chapter does not—

(1) affect a State law on disconnecting, altering, or tampering with an odometer with intent to defraud; or

(2) exempt a person from complying with that law.

Automobile Fraud: A.1.4.9 1998 Amendments

March 12, 1998. Senate passes its version of H.R. 2400, 105th Cong. (1998).

May 22, 1998. Conference version of H.R. 2400 passes House, accompanied by H.R. Conf. Rep. No. 105-550 (1998). See in particular page 522.

June 9, 1998. Title VII: National Highway Traffic Safety Administration Reauthorization Act of 1998, of Transportation Equity Act for the 21st Century, Pub. L. No. 105-178, § 7105, 112 Stat. 107 (1998) enacted.

Automobile Fraud: § 32705 Disclosure requirements on transfer of motor vehicles

(a)(1) Disclosure requirements.—Under regulations prescribed by the Secretary of Transportation that include the way in which information is disclosed and retained under this section, a person transferring ownership of a motor vehicle shall give the transferee the following written disclosure:

(A) Disclosure of the cumulative mileage registered on the odometer.

Automobile Fraud: A.1.4.3 1976 Amendments

The original Act relied primarily on private enforcement. The United States Attorney General was given injunctive powers under 15 U.S.C. § 1990 but they were apparently little used. The Department of Transportation and state attorneys general had no enforcement powers. As a result, in 1975, amendments were proposed primarily to strengthen public enforcement of the Act.

Home Foreclosures: 24 C.F.R. § 206.23 Shared appreciation.

(a) Additional interest based on net appreciated value. Any mortgage for which the mortgagee has chosen the shared premium option (§ 206.107) may provide for shared appreciation. At the time the mortgage becomes due and payable or is paid in full, whichever occurs first, the borrower shall pay an additional amount of interest equal to a percentage of any net appreciated value of the property during the life of the mortgage.

Home Foreclosures: 24 C.F.R. § 206.136 Conditions for assignment.

(a) In order for a HECM to be eligible for assignment, the following must be met:

(1) Priority of mortgage to liens. The mortgage is prior to all mechanics' and materialmen's liens, regardless of when such liens attach, and prior to all liens and encumbrances, or defects which may arise based on any act or omission by the mortgagee except such liens or other matters as may have been approved by the Commissioner.

Home Foreclosures: 24 C.F.R. § 206.55 Deferral of due and payable status for Eligible Non–Borrowing Spouses.

(a) Deferral Period. If the last surviving borrower predeceases an Eligible Non–Borrowing Spouse, and if the requirements of paragraph (d) of this section are satisfied, the due and payable status will be deferred for as long as the Eligible Non–Borrowing Spouse continues to meet the Qualifying Attributes in paragraph (c) of this section and the requirements of paragraphs (d) and (e) of this section.

(b) End of Deferral Period.

Home Foreclosures: 24 C.F.R. § 206.57 Cure provision enabling reinstatement of Deferral Period.

(a) When the mortgagee is required by § 206.55(b)(2) to provide an Eligible Non–Borrowing Spouse with 30 days to cure the default, this section shall apply.

(b) If the default is cured within the 30–day timeframe, the Deferral Period shall be reinstated, unless:

(1) The mortgagee has reinstated the Deferral Period within the past two years immediately preceding the current notification to the Eligible Non–Borrowing Spouse that the mortgage is due and payable;

Home Foreclosures: 24 C.F.R. § 206.209 Prepayment.

(a) No charge or penalty. The borrower may repay a mortgage in full or prepay a mortgage in part without charge or penalty at any time, regardless of any limitations on repayment or prepayment stated in a mortgage.

(b) Insurance and condemnation proceeds. If insurance or condemnation proceeds are paid to the mortgagee, the principal limit and the outstanding loan balance shall be reduced by the amount of the proceeds not applied to restoration or repair of the damaged property.

Home Foreclosures: 24 C.F.R. § 206.140 Inspection and preservation of properties.

The mortgagee, upon learning that a property subject to a mortgage insured under this part is vacant or abandoned, shall be responsible for the inspection of such property at least monthly, if the loan is in a due and payable status. When a mortgage is in due and payable status and efforts to reach the borrower or applicable party by telephone within that period have been unsuccessful, the mortgagee shall be responsible for a visual inspection of the security property to determine whether the property is vacant.