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Searching 2023-2024 Session

The Vermont Statutes Online

 

Title 12 : Court Procedure

Chapter 163 : CHANCERY PROCEEDINGS

Subchapter 009 : MEDIATION IN FORECLOSURE ACTIONS

(Cite as: 12 V.S.A. § 4635)
  • § 4635. Compliance with obligations

    (a) Upon receipt of a mediator’s report required by subsection 4634(a) of this title, the court shall determine whether the mortgagee or servicer has complied with all of its obligations under subsection 4633(a) of this title, and, at a minimum, with any applicable government loss mitigation program requirements. The court may make such a determination without a hearing unless the court, in its discretion, determines that a hearing is necessary.

    (b) If the mediator’s report includes a statement under subdivision 4634(b)(6) of this title, or if the court makes a determination of noncompliance with the requirements under subsection 4635(a) of this title, the court may impose appropriate sanctions against the noncomplying party, including:

    (1) tolling of interest, fees, and costs;

    (2) reasonable attorney’s fees;

    (3) monetary sanctions;

    (4) dismissal without prejudice; and

    (5) prohibiting the mortgagee from selling or taking possession of the property that is the subject of the action with or without opportunity to cure as the court deems appropriate.

    (c) No mediator shall be required to testify in an action subject to this subchapter. (Added 2009, No. 132 (Adj. Sess.), § 4; amended 2013, No. 8, § 1.)