05/07/2012 Annual Town Meeting - Laserfiche WebLink

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authorizing the creditor/mortgagee and/or homeowner/mortgagor to proceed with its rights under Chapter 244 of the General Laws. Section 9. Notwithstanding any provisions of G.L. c. 244, s. 14 relating to the power of sale, no sale in the Town of Mashpee shall be effective to foreclose on any mortgage under this Act, unless all notices required by G.L. c. 244, § 14 specifically reference that a certificate from a municipality-approved Mediation Program Manager has been issued verifying that the creditor/mortgagee, its assignee or any person identified in G.L. c. 244, §14, has successfully participated in a mediation program in accordance with this Act. Section 10. No entry by foreclosure in the Town of Mashpee shall be effectual unless the memorandum or certificate recorded as required by G.L. c. 244, § 2 includes as an attachment or exhibit a copy of a certificate from a municipality-approved Mediation Program Manager verifying that the creditor/mortgagee has participated in mediation with the mortgagor/homeowner as required by this Act. Section 11. A creditor/mortgagee's failure to comply with any section of this Act shall result in a fine of$500.00 owed to the Town of Mashpee, for each instance of a violation, to be charged to the creditor/mortgagee in accordance with G.L. c. 40, s. 21. Every calendar day of non-compliance with the sections of this Act shall constitute a separate violation subject to the penalties described under this section, up until the end of the right to cure period given under a lawful notice pursuant to G.L. c. 244, §35A (g) and (h).Said fine or fines under this section shall be recovered by indictment or complaint pursuant to G.L. c. 40, s. 21. Any fines assessed pursuant to this Act shall not be charged to the mortgagor/homeowner either directly or indirectly by the creditor/mortgagee Section 12. The Town of Mashpee is hereby authorized to enact and from time to time to revise by Act, a reasonable and appropriate mediation registration fee to be charged to the creditor/mortgagee for the services attendant to administering the Mediation Program established under this Act. Section 13. In the event any part of this Act shall be held invalid, such invalidity shall not invalidate the whole Act but the remaining provisions of this Act shall not be affected thereby. Section 14. This Act shall take effect no later than sixty(60) days from its passage SECTION II: Securing and Maintaining Vacant Properties and Foreclosing Properties Section (a) Unsecured and unmaintained properties and especially vacant properties present a danger to the safety and welfare of public safety officers, the public, occupants, abutters and neighborhoods, and as such, constitute a public nuisance. This section is . enacted to promote the health, safety and welfare of the public, to protect and preserve the quiet enjoyment and health of occupants, abutters and neighborhoods, and to minimize hazards to public safety personnel inspecting or entering such properties. Section (b) The following words and phrases, when used in this section, shall have the following meanings: