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physically present for the mortgage mediation confer- rights, interests or obligations under the mortgage ence unless telephone participation is agreed upon. agreement. Mediation Program or Program — the foreclosure mortgage loan—a loan to a natural person(or a nom. mediation program established in the Town of inee trust or any such other entity commonly recog. Mashpee pursuant to this Act and described in Section nized under Massachusetts law as a lawful borrower) 6. made primarily for personal,family or household pur. poses secured wholly or partially by a mortgage on Mediation Program Manager — a neutral not-for- residential property. profit organization experienced in the mediation of the residential foreclosure process, familiar with all pro- mortgage loan servicer— an entity which administers grams available to help homeowners avoid foreclo- or services or at any point administered or serviced the sure, and knowledgeable of the mortgage foreclosure mortgage loan; provided,however that such adminis. laws of the Commonwealth. Mediation Program tration or servicing shall include, but not be limited Manager(s) shall execute an appropriate user agree- to, calculating principal and interest due on the mod. ment with the municipality authorizing the receipt and gage loan,assessing fees and costs onto a mortgager's use of personal and financial information for the pur- loan account, collecting regular payments from the poses of the Mediation Program only. Such Mediation mortgagor,acting as escrow agent for the owner of the Program Manager(s) shall ensure the security and mortgage loan or foreclosing on a mortgage loan in confidentiality of any and all information received or the event of a default. exchanged under the Mediation Program consistent with applicable federal, state, and municipal laws. mortgagor or homeowner— the holder of a mortgage Access to program information shall be limited to loan that is secured wholly or partially by a mortgage those officers and employees of the organization who on residential property. require the information to properly perform services under the municipality's Mediation Program,and that residential property — real property that is owner- the organization or individual and/or its officers and occupied as a principal or primary residence,located employees shall not access, modify, use or dissemi- within the municipality, that is either a single-family nate any Mediation Program information for purposes dwelling or a structure containing not more than four unrelated to the Mediation Program and the Mediation (4) residential units, and shall also include a residen- Program Manager(s) shall provide the municipality tial condominium unit or a residential co-op unit occu- with evidence that it maintains sufficient safeguards to pied by an owner as an owner's principal or primary protect against the loss or unauthorized dissemination residence. of private or confidential information. non judicial mortgage foreclosure — a foreclosure mediator— an individual (a) whose training complies process under the"power of sale"contained in a mort- with the qualifications standards for neutrals specified gage pursuant to G.L. c.183,s. 21 and G.L.c.244. in the guidelines for training mediators adopted by the Supreme Judicial Court of Massachusetts pursuant to the parties—the homeowner/mortgagor and the cred- Rule 8 of the Uniform Rules for Dispute Resolution; itor/mortgagee or their successors or assignees. and (b) who has completed training on foreclosure mediation; and (c) who has a working knowledge of Section 3. Notwithstanding any general or special law all federal, state, and municipality [JH1] programs to the contrary,all non judicial mortgage foreclosures available to help homeowners retain their homes. in the Town of Mashpee pertaining to residential prop- erty which is occupied as the owner's principal resi- mortgagee—an entity to whom real property is mort- dence shall be required to engage in a municipality gaged, the mortgage creditor or lender including, but approved Mediation Program as set out in this Act, not limited to, mortgage loan servicers, lenders in a and shall obtain a certificate verifying the mortgagee's mortgage agreement and any agent or employee of the good faith participation in the Mediation Program. mortgagee acting outside of his/her authority, or any successor in interest or assignee of the mortgagee's 68