2012-Annual Town Report - Laserfiche WebLink

Home Browse Search

(g) if it is determined after a good faith effort made not be charged to the mortgagor/homeowner either by the creditor/mortgagee and/or home- directly or indirectly by the creditor/mortgagee owner/mortgagor at the mediation conference, that the parties cannot come to an agreement to Section 12. The Town of Mashpee is hereby autho- re-negotiate the terms of the loan in an effort to rized to enact and from time to time to revise by Act, avoid foreclosure, such good faith effort on a reasonable and appropriate mediation registration j behalf of the creditor/mortgagee and/or of the fee to be charged to the creditor/mortgagee for the ser- homeowner/mortgagor shall be deemed to sat- vices attendant to administering the Mediation isfy the requirements of this Act. A certificate Program established under this Act. certifying such good faith effort pursuant to this Act shall be issued immediately to the party(s) Section 13. In the event any part of this Act shall be that made a good faith effort and without delay held invalid, such invalidity shall not invalidate the by the Mediation Program Manager to the whole Act but the remaining provisions of this Act party(s) authorizing the creditor/mortgagee shall not be affected thereby. and/or homeowner/mortgagor to proceed with its rights under Chapter 244 of the General Section 14. This Act shall take effect no later than I' Laws. sixty (60) days from its passage Section 9. Notwithstanding any provisions of G.L. c. Section Il: Securing and Maintaining Vacant 244,s. 14 relating to the power of sale, no sale in the Properties and Foreclosing Properties Town of Mashpee shall be effective to foreclose on I' any mortgage under this Act, unless all notices Section (a) Unsecured and unmaintained properties required by G.L.c.244,§14 specifically reference that and especially vacant properties present a danger to i a certificate from a municipality-approved Mediation the safety and welfare of public safety officers, the Program Manager has been issued verifying that the public,occupants,abutters and neighborhoods,and as creditor/mortgagee, its assignee or any person identi- such, constitute a public nuisance. This section is fled in G.L. c. 244, §14,has successfully participated enacted to promote the health, safety and welfare of in a mediation program in accordance with the Act. the public,to protect and preserve the quiet enjoyment and health of occupants, abutters and neighborhoods, Section 10. No entry by foreclosure in the Town of and to minimize hazards to public safety personnel Mashpee shall be effectual unless the memorandum or inspecting or entering such properties. certificate recorded as required by G.L. c. 244, § 2 includes as an attachment or exhibit a copy of a cer- Section (b) The following words and phrases, when tificate from a municipality-approved Mediation used in this section, shall have the following mean- Program Manager verifying that the creditor/mort- ings: gagee has participated in mediation with the mort- gagor/homeowner as required by this Act. building—any combination of materials having a roof and enclosed within exterior walls or firewalls,built to Section 11. A creditor/mortgagee's failure to comply form a structure for the shelter of persons or property with any section of this Act shall result in a fine of or as otherwise defined under the municipality's $500.00 owed to the Town of Mashpee, for each applicable zoning bylaw. instance of a violation, to be charged to the credi- certificate of closure—certificate issued by the direc- tor/mortgagee in accordance with G.L. c. 40, s. 21. for to the owner of a vacant or foreclosing property Every calendar day of non-compliance with the sec- upon compliance with the provisions of paragraph(c) tions of this Act shall constitute a separate violation herein. I+ subject to the penalties described under this section, IP until the end of the right to cure period given under director — the director of health and housing inspec- a lawful notice pursuant to G.L. c. 244, §35A(g) and tion or other municipal official designated by the (h).Said fine or fines under this section shall be recov- municipality under this Act. erect by indictment or complaint pursuant to G.L. c. 40,1.21.Any fines assessed pursuant to this Act shall days—consecutive calendar days 71