Amend the bill by striking out all of section 1.
Amend the bill in section 2 in subsection 11 by striking out all of the last paragraph (page 3, lines 11 to 14 in L.D.) and inserting the following:
‘ A mortgage servicer participating in the mediation process submits to the jurisdiction of the court with respect to the power of the court to sanction parties who fail to participate in the mediation process in good faith as required by subsection 12. As used in this section, "mortgage servicer" means a servicer who is responsible for receiving any scheduled periodic payments from a borrower pursuant to the terms of any mortgage described in section 6111, subsection 1, including amounts for escrow accounts; making or advancing payments to the owner of a mortgage loan or other 3rd parties with respect to the amounts received from the borrower pursuant to a loan servicing contract; and evaluating borrowers for loss mitigation or loan modification options.’
Amend the bill by striking out all of section 3 and inserting the following:
‘Sec. 3. 14 MRSA §6321-A, sub-§12, as enacted by PL 2009, c. 402, §18, is amended to read:
Amend the bill in section 4 in subsection 13 in the 3rd line from the end (page 4, line 4 in L.D.) by striking out the following: " section 6113, subsection 1, paragraph B" and inserting the following: ' subsection 11'
Amend the bill by striking out all of section 5.
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
This amendment removes from the bill the private action for damages against a mortgage servicer, but incorporates the definitions of "mortgage servicer" and "good faith" in that provision into the mediation statutes. The amendment deletes the data collection requirement. The amendment, like the bill, requires a mortgage servicer to participate in mediation in good faith.