761 CMR 22.17
Institution of Foreclosure
By the 90th day following the due date of the earliest unpaid installment, Servicer shall recommend
appropriate servicingactionbased on the particular circumstances of each Mortgage Loan. Servicer
should not recommend foreclosure until everyreasonable effort has been made to arrive at a solution
to delinquency, as provided above. However, once Servicer determines that no other course of action
willcure the default, then Servicer should promptly recommend foreclosure, and should include inthe
report recommending foreclosure a brief servicing history to date and a statement of the reasons for
recommending foreclosure. Servicer shall actively continue all efforts to cure the default until approval
of the foreclosure has been received from MHMFA.
Servicer shall proceed with the foreclosure immediately when so directed by MHMFA.
Servicer may provide notice of impending foreclosure to Borrower prior to approval of the action
by MHMFA. However, no action may actually be stated until approved by MHMFA.
Servicer shall select the foreclosure counsel, subject o MHMFA approval. All legal fees relating
to foreclosure are to be paid by Servicer and all reasonable and customary legal fees will be
reimbursed pro-rata by MHMFA and Seller if not collected from Borrower upon completion of the
proceedings.
Servicer should prepare and forward with the recommendation of foreclosure, any documents
which require execution by MHMFA.