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05/07/2012 Annual Town Meeting
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05/07/2012 Annual Town Meeting
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Town Meeting Warrants
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Mediation Program or Program — the foreclosure mediation program established in the <br /> Town of Mashpee pursuant to this Act and described in Section 6. <br /> Mediation Program Manager — a neutral not-for-profit organization experienced in the <br /> mediation of the residential foreclosure process, familiar with all programs available to <br /> help homeowners avoid foreclosure, and knowledgeable of the mortgage foreclosure laws <br /> of the Commonwealth. Mediation Program Manager(s) shall execute an appropriate user <br /> agreement with the municipality authorizing the receipt and use of personal and financial <br /> information for the purposes of the Mediation Program only. Such Mediation Program <br /> Manager(s) shall ensure the security and confidentiality of any and all information <br /> received or exchanged under the Mediation Program consistent with applicable federal, <br /> state, and municipal laws. Access to program information shall be limited to those <br /> officers and employees of the organization who require the information to properly <br /> perform services under the municipality's Mediation Program, and that the organization <br /> or individual and/or its officers and employees shall not access, modify, use or <br /> disseminate any Mediation Program information for purposes unrelated to the Mediation <br /> Program and the Mediation Program Manager(s) shall provide the municipality with <br /> evidence that it maintains sufficient safeguards to protect against the loss or unauthorized <br /> dissemination of private or confidential information. <br /> mediator—an individual (a)whose training complies with the qualifications standards for <br /> neutrals specified in the guidelines for training mediators adopted by the Supreme <br /> Judicial Court of Massachusetts pursuant to Rule 8 of the Uniform Rules for Dispute <br /> Resolution; and (b) who has completed training on foreclosure mediation; and (c) who <br /> has a working knowledge of all federal, state, and municipality [JHI I programs available <br /> to help homeowners retain their homes. <br /> mortgagee — an entity to whom real property is mortgaged, the mortgage creditor or <br /> lender including, but not limited to, mortgage loan servicers, lenders in a mortgage <br /> agreement and any agent or employee of the mortgagee acting outside of his/her <br /> authority, or any successor in interest or assignee of the mortgagee's rights, interests or <br /> obligations under the mortgage agreement. <br /> mortgage loan —a loan to a natural person (or to a nominee trust or any such other entity <br /> commonly recognized under Massachusetts law as a lawful borrower) made primarily for <br /> personal, family or household purposes secured wholly or partially by a mortgage on <br /> residential property. <br /> mortgage loan servicer — an entity which administers or services or at any point <br /> administered or serviced the mortgage loan; provided, however that such administration <br /> or servicing shall include, but not be limited to, calculating principal and interest due on <br /> the mortgage loan, assessing fees and costs onto a mortgagor's loan account, collecting <br /> regular payments from the mortgagor, acting as escrow agent for the owner of the <br /> mortgage loan or foreclosing on a mortgage loan in the event of a default. <br /> Mortgagor or homeowner — the holder of a mortgage loan that is secured wholly or <br /> partially by a mortgage on residential property. <br /> residential property — real property that is owner-occupied as a principal or primary <br /> residence, located within the municipality, that is either a single-family dwelling or a <br />
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