Sec. 3. (a) A creditor making a high cost home loan that has the right to foreclose must use the judicial foreclosure procedures of the state in which the property securing the high cost home loan is located. The borrower has the right to assert in the proceeding the nonexistence of a default and any other claim or defense to acceleration and foreclosure, including any claim or defense based on any violations of this article.

     (b) This section is not intended and shall not be construed to allow any claim or defense otherwise barred by any statute of limitation or repose.

As added by P.L.73-2004, SEC.33.