05/07/2012 Annual Town Meeting - Laserfiche WebLink

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confidential information. mediator—an individual(a)whose training complies with the qualifications standards for neutrals specified in the guidelines for training mediators adopted by the Supreme Judicial Court of Massachusetts pursuant to Rule 8 of the Uniform Rules for Dispute Resolution; and (b) who has completed training on foreclosure mediation; and(c)who has a working knowledge of all federal, state, and municipality [JH1] programs available to help homeowners retain their homes. mortgagee — an entity to whom real property is mortgaged, the mortgage creditor or lender including, but not limited to, mortgage loan servicers, lenders in a mortgage agreement and any agent or employee of the mortgagee acting outside of his/her authority, or any successor in interest or assignee of the mortgagee's rights, interests or obligations under the mortgage agreement. mortgage loan—a loan to a natural person (or a nominee trust or any such other entity commonly recognized under Massachusetts law as a lawful borrower) made primarily for personal, family or household purposes secured wholly or partially by a mortgage on residential property. mortgage loan servicer— an entity which administers or services or at any point administered or serviced the mortgage loan;provided, however that such administration or servicing shall include, but not be limited to, calculating principal and interest due on the mortgage loan, assessing fees and costs onto a mortgager's loan account, collecting regular payments from the mortgagor, acting as escrow agent for the owner of the mortgage loan or foreclosing on a mortgage loan in the event of a default. mortgagor or homeowner—the holder of a mortgage loan that is secured wholly or partially by a mortgage on residential property. residential property — real property that is owner-occupied as a principal or primary residence, located within the municipality,that is either a single-family dwelling or a structure containing not more than four (4) residential units, and shall also include a residential condominium unit or a residential co-op unit occupied by an owner as an owner's principal or primary residence. non judicial mortgage foreclosure—a foreclosure process under the "power of sale" contained in a mortgage pursuant to G.L. c.183, s. 21 and G.L. c. 244. the parties — the homeowner/mortgagor and the creditor/ mortgagee or their successors or assignees. Section 3. Notwithstanding any general or special law to the contrary, all non-judicial mortgage foreclosures in the Town of Mashpee pertaining to residential property which is occupied as the owner's principal residence shall be required to engage in a municipality-approved Mediation Program as set out in this Act, and shall obtain a certificate verifying the mortgagee's good faith participation in the Mediation Program. Section 4. The Town of Mashpee shall establish a Mediation Program relative to mortgage foreclosures in accordance with this Act and promulgate regulations as necessary and appropriate to implementing such a Mediation Program involving mortgagees, creditors, mortgagors, homeowners, utilizing municipality-approved Mediation Program Manager(s) and mediators to mediate between the mortgagee and a mortgagor who owns residential real property in the municipality which is occupied by the mortgagor as his or her principal residence. Such mediation 37