§667-82 Noncompliance with requirements; statement. (a) The neutral's closing report shall indicate if the mortgagee or the owner-occupant failed to comply with requirements of the mortgage foreclosure dispute resolution program.
(1) In the case of the mortgagee, failure to comply with the requirements of the program may consist of:
(A) Participation in dispute resolution without the authority to negotiate a loan modification or without access at all stages of the dispute resolution process to a person who is so authorized;
(B) Failure to provide the required information or documents;
(C) Refusal to cooperate or participate in dispute resolution; or
(D) Refusal or failure to pay program fees under section 667-79 in a timely manner.
(2) In the case of the owner-occupant, failure to comply with the requirements of the program may consist of:
(A) Failure to provide the required information or documents; or
(B) Refusal to cooperate or participate in dispute resolution;
provided that failure by the mortgagee and the owner-occupant to reach an agreement to resolve the dispute shall not constitute failure by the mortgagee or the owner-occupant to comply with the requirements of the mortgage foreclosure dispute resolution program.
(b) If the neutral determines that the noncompliance was unjustified as a result of circumstances within a party's control, sanctions may be imposed on the noncompliant party as follows:
(1) Sanctions against a mortgagee for unjustified noncompliance with the program shall include a stay of the foreclosure under section 667-83 and a fine payable to the owner-occupant not to exceed $1,500; or
(2) Sanctions against an owner-occupant for unjustified noncompliance with the program shall include a removal of the stay of the foreclosure pursuant to section 667-83(b) and a fine payable to the mortgagee not to exceed $1,500. [L 2011, c 48, pt of §1, §45(2); am L 2012, c 182, §§46, 49]
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.