846.40(10)(a)(a) A violation of this section shall be considered a fraud. 846.40(10)(b)(b) A foreclosed homeowner against whom a violation of this section is committed may bring an action for damages. 846.40(10)(c)(c) A court may order punitive damages under s. 895.043 for a violation of this section. 846.40(10)(d)1.1. A foreclosure purchaser who violates this section by engaging in any practice that would operate as a fraud or deceit upon a foreclosed homeowner may be fined not more than $50,000 or imprisoned for not more than one year in the county jail or both. 846.40(10)(d)2.2. In the absence of additional misconduct, a failure of the parties to complete a foreclosure reconveyance transaction shall not subject a foreclosure purchaser to the criminal penalties under subd. 1. 846.40 HistoryHistory: 2009 a. 2. 846.45846.45 Regulation of foreclosure consultants. 846.45(1)(1) Definitions. In this section, unless the context requires otherwise: 846.45(1)(a)(a) “Contract” means an agreement, or any term in an agreement, between a foreclosure consultant and a foreclosed homeowner for the rendition of any service. 846.45(1)(c)1.1. Except as provided in subd. 2., “foreclosure consultant” means a person who, directly or indirectly, makes a solicitation, representation, or offer to a foreclosed homeowner to perform for compensation, or who for compensation performs, any service that the person in any manner represents will in any manner do any of the following: 846.45(1)(c)1.c.c. Obtain a waiver of an acceleration clause contained in a promissory note or contract secured by a mortgage on the residence in foreclosure or contained in the mortgage. 846.45(1)(c)1.d.d. Assist the foreclosed homeowner to obtain a loan or advance of funds. 846.45(1)(c)1.e.e. Avoid or ameliorate the impairment of the foreclosed homeowner’s credit resulting from the recording of a lis pendens or the conduct of a foreclosure sale. 846.45(1)(c)2.2. “Foreclosure consultant” does not include any of the following: 846.45(1)(c)2.a.a. A person licensed to practice law in this state when the person renders service in the course of his or her practice as an attorney at law. 846.45(1)(c)2.b.b. A person licensed as a real estate broker or salesperson under ch. 452 when the person engages in acts for which licensure under that chapter is required, unless the person is engaged in offering services designed to, or purportedly designed to, enable the foreclosed homeowner to retain possession of the residence in foreclosure. 846.45(1)(c)2.c.c. A person certified or licensed to practice as a certified public accountant under ch. 442 when the person is acting in any capacity for which the person is certified or licensed under that chapter. 846.45(1)(c)2.d.d. A person, or the person’s authorized agent, acting under the express authority or written approval of the department of housing and urban development or other department or agency of the United States or this state to provide services. 846.45(1)(c)2.e.e. A person who holds or is owed an obligation secured by a lien on any residence in foreclosure when the person performs services in connection with this obligation or lien if the obligation or lien did not arise as the result of or as part of a proposed foreclosure reconveyance. 846.45(1)(c)2.f.f. A person or entity doing business under any law of this state, or of the United States, relating to a financial institution, as defined in s. 214.01 (1) (jn), to a lender licensed under s. 138.09, to an insurance company, or to a mortgagee that is a federal department of housing and urban development approved mortgagee; a subsidiary or affiliate of any of these persons or entities; or an agent or employee of any of these persons or entities while engaged in the business of these persons or entities. 846.45(1)(c)2.g.g. A person registered under s. 224.72 as a mortgage banker, loan originator, or mortgage broker, when acting under the authority of that registration. 846.45(1)(c)2.h.h. A judgment creditor of the foreclosed homeowner, to the extent that the judgment creditor’s claim accrued prior to the recording of the lis pendens in the foreclosure action.