Code of Massachusetts Regulations
209 CMR - DIVISION OF BANKS AND LOAN AGENCIES
Title 209 CMR 56.00 - Foreclosure prevention options
Section 56.09 - Right to Request a Modified Mortgage Loan Notice
In accordance with 209 CMR 56.05, the "Right to Request a Modified Mortgage Loan" notice must conform to the following:
RIGHT TO REQUEST A MODIFIED MORTGAGE LOAN
[Date]
[POSTAL DELIVERY METHOD]
[Borrower Name(s)]
[Street Address]
[City, ST ZIP Code]
RE: [PROPERTY ADDRESS]; loan [ACCOUNT NO.] with [CREDITOR]:
To [NAME OF BORROWER/S]:
We are contacting you because our records indicate that you are eligible to request a modification of your mortgage with [CREDITOR]. If you want to request a loan modification or other foreclosure alternative option, you must complete and return the enclosed Mortgage Modification Options form along with any supporting information no later than [30 DAYS FROM DATE THIS NOTICE WAS SENT]. The Mortgage Modification Options form and any supporting documents must be returned by certified mail or similar service to [CREDITOR]. We will respond to your request within 30 days of its receipt.
Please be aware this notice of the Right to Request a Modified Mortgage Loan is different from the Right to Cure Your Mortgage Default notice that you may have already received. The enclosed Mortgage Modification Options form provides you with four choices. These choices impact the options under the Right to Cure notice and should be carefully considered. If you do not want to request a loan modification, you must still return the enclosed Mortgage Modification Options form. Please keep a copy of everything you send to us and keep proof of mailing the materials to us.
If you do not return the enclosed Mortgage Modification Options form and a completed loan modification application by [30 DAYS FROM DATE THIS NOTICE WAS SENT] your right to cure your mortgage default will end on [90 days from the date the Right to Cure notice was sent].
If you have questions, please contact [CREDITOR] at [LOCAL OR TOLL FREE TELEPHONE NUMBER, EXTENSION NUMBER] or [ADDRESS]. If you would like assistance from the Attorney General's Office, you may contact the HomeCorps hotline at 617-573-5333 to speak with a loan modification specialist who can assist you. We suggest you mention this notice when you call.
Sincerely,
[Name of Signer]
[Title of Signer]
Enclosed with this notice, there may be additional important disclosures related to applicable laws and requirements that you should carefully review.
Enclosures:
* Mortgage Modification Options form
* Request for Mortgage Assistance Form or [CREDITOR]'s current loan modification application
* Required Documents For Loan Modification Application [Creditor may use the form in 209 CMR 56.10 or similar form]
MORTGAGE MODIFICATION OPTIONS
You must return this form in the enclosed envelope by [30 DAYS FROM DATE NOTICE WAS SENT]
[Borrower Name(s)]
[Street Address]
[City, ST ZIP Code]
RE: [PROPERTY ADDRESS]; loan [ACCOUNT NO.] with [CREDITOR]
To [NAME OF BORROWER/S]:
You must check one of the following boxes to notify [CREDITOR] of how you would like to proceed.
[] I would like to request a loan modification. I have attached a complete statement of my income and list of assets, total debts and obligations as requested by the creditor in the form(s) which accompanied the Right to Request a Modified Mortgage Loan Notice. I maintain my right to a 90 day period to cure my mortgage default.
[] I would like to request a different foreclosure alternative such as a short sale or deed-in-lieu of foreclosure. I maintain my right to a 90 day period to cure my mortgage default.
[] I do not want to request a loan modification or any foreclosure alternative. I maintain my right to a 90 day period to cure my mortgage default.
[] I want to waive my right to cure the default on my mortgage loan and proceed to foreclosure. I understand that by choosing this option I waive the remaining time, if any, of my right to cure period.
_________________ ______
Borrower Name Date
__________________________
Borrower Telephone Number
