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right to cure as provided in G.L. c. 244, §35A(g) and (c) prior to the scheduled mediation conference,the <br /> (h). The municipality shall refer the matter for medi- mortgagor/homeowner shall be assigned a <br /> ation to an approved Mediation Program Manager municipality-approved loan counselor. if the <br /> who shall have the responsibility of assigning a medi- mortgagor/homeowner is already working with <br /> ator and scheduling the parties to immediately com- a municipality-approved loan counselor, no <br /> mence mediation pursuant to this Act. The mediation assignment is necessary. However, such loan <br /> shall proceed with the parties' good faith effort to counselor shall work with the mortgagor/home• <br /> negotiate and agree upon a commercially reasonable owner during the mediation process in accor. <br /> alternative to foreclosure as defined in G.L. c. 244, dance with the provisions of this Act. <br /> §35A(c). The mediation conference shall continue <br /> without delay until completion, but shall in no way (d) the mortgagor/homeowner shall cooperate in all <br /> constitute an extension of the foreclosure process,nor respects with the requirements of Mediation <br /> an extension of the mortgagor/homeowner's right to Program Manager, providing all necessary <br /> cure period.Notwithstanding the limitation in the pre- financial and employment information. The <br /> vious sentence, the mediation conference may be mortgagor/homeowner shall complete any and <br /> extended by mutual agreement of the parties which the all loan resolution proposals and applications as <br /> mediator shall document. appropriate. The mortgagor/homeowner must <br /> provide evidence of current income. The credi. <br /> Section 8. The mediation program established by this for/mortgagee's representative must bring and <br /> Act shall include, and be limited to, the following make available, the mortgage, a certified copy <br /> steps: of the promissory note in its then-current condi. <br /> tion evidencing the debt, all assignments of the <br /> (a) the parties shall participate in a mandatory mortgage loan whether recorded or unrecorded, <br /> loan/mortgage mediation conference at a loca- as well as a detailed accounting of the outstand- <br /> tion mutually convenient to the parties. All par- ing balance on the mortgage loan including all <br /> ties present at said mediation conference must lawful costs and fees assessed to the mort- <br /> have authority to enter into any agreements gagor/homeowner's account as of the date of <br /> renegotiating the mortgage that is the subject of the scheduled mediation. <br /> the foreclosure, or to otherwise resolve the <br /> pending foreclosure. (e) if after two (2) attempts by the mediation pro- <br /> gram manager to contact the mortgagor/home- <br /> (b) said mediation conference shall be scheduled at owner as required by this section, the mori- <br /> a time and place to be determined by the gagor/homeowner fails to respond to the <br /> Mediation Program Manager, but not later that Mediation Program Manager's request to <br /> forty-five (45) days following the appear for the mediation conference, or the <br /> mortgagor/homeowner's receipt of his or her mortgagor/homeowner fails to cooperate in any <br /> statutory notice of right to cure under G.L. c. respect with the requirements outlined in this <br /> 244, §35A (g) and (h). The parties will be Act, the requirements of the Act shall be <br /> noticed under the mediation program by certi- deemed to be satisfied upon verification by the <br /> fied and first class mail at the parties' last municipality-approved Mediation Program <br /> known address(es).if any,or if none,then to the Manager that the required notice was sent;and <br /> address to which the tax collector last sent the if so, a certificate shall be issued immediately <br /> tax bill for mortgaged premises. The notice by the Mediation Program Manager certifying <br /> shall contain the following declaration on the that the creditor/mortgagee has satisfied the <br /> first page in Spanish, in any other language mediation requirements of this Act. <br /> which the lender knows is the debtor's pri- <br /> mary language, and any other language (f) the mediator shall determine whether the parties <br /> deemed appropriate by the Mediation have engaged in a good faith effort at the medi- <br /> Program Manager: "This is an important ation conference. <br /> notice concerning your right to live in your <br /> home. Have it translated at once:' <br /> 70 <br />