05/07/2012 Annual Town Meeting - Laserfiche WebLink

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(b) said mediation conference shall be scheduled at a time and place to be determined by the Mediation Program Manager, but not later than forty-five (45) days following the mortgagor/homeowner's receipt of his or her statutory notice of right to cure under G.L. c. 244, §35A (g) and (h). The parties will be noticed under the mediation program by certified and first class mail at the parties' last known address(es). if any, or if none, then to the address to which the tax collector last sent the tax bill for mortgaged premises. The notice shall contain the following declaration on the first page in Spanish, in any other language which the lender knows is the debtor' s primary language, and any other language deemed appropriate by the Mediation Program Manager: "This is an important notice concerning your right to live in your home. Have it translated at once. " (c) prior to the scheduled mediation conference, the mortgagor/homeowner shall be assigned a municipality-approved loan counselor. If the mortgagor/homeowner is already working with a municipality-approved loan counselor, no assignment is necessary. However, such loan counselor shall work with the mortgagor/homeowner during the mediation process in accordance with the provisions of this Act. (d) the mortgagor/homeowner shall cooperate in all respects with the requirements of Mediation Program Manager, providing all necessary financial and employment information. The mortgagor/homeowner shall complete any and all loan resolution proposals and applications as appropriate. The mortgagor/homeowner must provide evidence of current income. The creditor/mortgagee's representative must bring and make available, the mortgage, a certified copy of the promissory note in its then-current condition evidencing the debt, all assignments of the mortgage loan whether recorded or unrecorded, as well as a detailed accounting of the outstanding balance on the mortgage loan including all lawful costs and fees assessed to the mortgagor/homeowner's account as of the date of the scheduled mediation. (e) if after two (2) attempts by the mediation program manager to contact the mortgagor/homeowner as required by this section, the mortgagor/homeowner fails to respond to the Mediation Program Manager's request to appear for the mediation conference, or the mortgagor/homeowner fails to cooperate in any respect with the requirements outlined in this Act, the requirements of the Act shall be deemed to be satisfied upon verification by the municipality-approved Mediation Program Manager that the required notice was sent; and if so, a certificate shall be issued immediately by the Mediation Program Manager certifying that the creditor/mortgagee has satisfied the i' mediation requirements of this Act. (f)the mediator shall determine whether the parties have engaged in a good faith effort at the mediation conference. (g) if, it is determined after a good faith effort made by the creditor/mortgagee and/or homeowner/mortgagor at the mediation conference, that the parties cannot come to an agreement to re-negotiate the terms of the loan in an effort to avoid foreclosure, such good faith effort on behalf of the creditor/mortgagee and/or of the homeowner/mortgagor shall be deemed to satisfy the requirements of this Act. A certificate certifying such good faith effort pursuant to this Act shall be issued immediately to the party(s) that made a good faith effort and without delay by the Mediation Program Manager to the party(s)