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2012-Annual Town Report
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2012-Annual Town Report
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Annual_Town_Report
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Annual Town Report
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2012
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Section 4. The Town of Mashpee shall establish a gagors/homeowners who attend mediation and who <br /> Mediation Program relative to mortgage foreclosures receive counseling or assistance; (c) the number of <br /> in accordance with this Act and promulgate regula- certificates of completion issued under the Mediation <br /> tions as necessary and appropriate to implementing Program, (d) the results of the mediation process, <br /> such a Mediation Program involving mortgagees, including the number of loans restructured,number of <br /> creditors,mortgagors,homeowners,utilizing munici- principal write-downs, interest rate reductions and,to <br /> panty-approved Mediation Program Manager(s) and the extent such information is available,the number of <br /> mediators to mediate between the mortgagee and a mortgagors/homeowners who default on mortgages <br /> mortgagor who owns residential real property in the within a year after successful mediation conferences, <br /> municipality which is occupied by the mortgagor as (e) any such other information as the municipality <br /> his or her principal residence. Such mediation shall be may determine to be necessary and or helpful in <br /> facilitated by a municipality-approved Mediation assessing the value of a Mediation Program and any <br /> Program Manager according to procedures established adjustments that may need to be made thereto. <br /> I by this Act. Said Mediation Program may only relate <br /> to the mediation of mortgage foreclosures of residen- The municipality may terminate a Mediation Program <br /> tial real property in the {Municipality} that is the Manager's participation in the Mediation Program for <br /> mortgagor's principal residence. good cause,as determined by the appropriate municipal <br /> official and subject to any applicable rules and regula- <br /> i Section 5. Pursuant to this Act,the municipality shall tions developed by the municipality. In such case,the <br /> establish a Mediation Program to provide mediation Mediation Program Manager shall promptly deliver to <br /> for all foreclosures of mortgages on owner-occupied the municipality all records and information in its pos- <br /> residential property with no more than four (4) units session for appropriate preservation and storage. <br /> that is theprimary residence of the owner-occupant. <br /> The Mediation Program shall address all issues rea- Section 6. Except for financial information otherwise <br /> sonably related to a foreclosure on the subject prop- permitted by law to be disclosed, any financial state- <br /> erty,including but not limited to reinstatement of the ment or information provided to the municipality or <br /> I mortgage, modification of the loan and restructuring its approved independent counseling agencies or pro- <br /> of the mortgage debt,including the reduction and for- vided to the mortgagee or mortgagor during the course j <br /> giveness of mortgage debt. Mediation conferences of meditation in accordance with this Act shall be con- j <br /> conducted pursuant to the Mediation Program shall fidential and shall not be available for public inspec- <br /> use the calculations, assumptions and forms that are tion. Any financial statement or information to rea- <br /> established or made available through (i) the Federal sonably facilitate the mediation conference(s) shall be <br /> I <br /> Deposit Insurance Corporation and published in the made available as necessary to the mediator and to the <br /> Federal Deposit Insurance Corporations Loan attorneys or representatives,if any,of the parties to the <br /> Modification Program Guide available on the Federal mediation. Any financial statement or information <br /> Deposit Insurance Corporation's publicly accessible designated as confidential under this section shall be <br /> website, (ii) the Home Affordable Modification kept separate and apart from other papers and matters <br /> Program; (iii) any modification program that a mort- not the subject of the mediation. <br /> gagee may use which is based on accepted principles <br /> I <br /> and the safety and soundness of the institution and rec- Section 7. For the purpose of the Mediation Program <br /> established by the municipality,the municipality shall <br /> ognized by the National Credit Union Administration, <br /> the Division of Banks or any other instrumentality of receive a copy of all notices filed pursuant to G.L. c. <br /> the commonwealth; (iv)the Federal Housing Agency; 244 §35A(g), (h), within ten (10) days of receipt by <br /> or(v)similar federal programs. the Commissioner of the Division of Banks pursuant <br /> to G.L. c. 244, §35A(k) that relate to residential prop- <br /> The municipality shall provide for a means of evaluat- erties in the Town of Mashpee. The municipality shall j <br /> ing and selecting qualified Mediation Program thereafter promptly notify the creditor/mortgagee and <br /> Managers. The municipality shall also provide for a the mortgagor/homeowner of their rights and respon- <br /> means of assessing and evaluating annually the sibilities under this Act regarding mediation. It is the <br /> municipality's Mediation Program including reports intent and purpose of this Act that a mediation confer- <br /> and data related to (a) the number of mortgagors who ence take lace within forty-five (45) days of the <br /> P <br /> are notified of mediation; (b) the number of mort- mortgagor/homeowner receiving notice of his or her <br /> 69 <br />
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