761 CMR 22.18
Action During Foreclosure
Servicer shall take such action as is required during foreclosure to protect the property. Regular
inspections shallbe made with special emphasis on properties that have beenvacated. Servicer shall,
when appropriate, report to MHMFA the progress of foreclosure, including any unusual expenses
incurred, the results of any inspection and any protective action taken. Servicer shall also report
immediately to MHMFA the setting of a sale date, the suspension of foreclosure, and the holding of
a sale.
Servicer shall retain Borrower's Escrow Payments, and tax receipts, and obtain bills for escrow
expenses. If the balances in Borrower's escrow account are insufficient to pay escrow expenses as
theybecome due duringforeclosure, Servicer shallpay such escrow expenses when and to the extent
necessary to protect MHMFA's interest as wellas for the costs of foreclosure and protective action.
Such advances will be repaid by MHMFA and Seller, pro-rata, upon receipt of proceeds from the
liquidation of the Mortgage Loan (See 761 CMR 22.23 -- Escrow Payments). Servicer shall be
responsible for satisfying all requirements and promptly forwarding all required reports and other
documents, to the FHA, VA, the private mortgage insurer or MHMFA to assure maximumbenefit of
all such guarantees or insurance
Seller and MHMFA agree to reimburse on a pro-rata basis Servicer for its reasonable
out-of-pocket expenses incurred, including attorneys' fees, and for any advances by Servicer
authorized by MHMFA in prosecution of foreclosure proceedings, and forprotectionof the mortgaged
property, at the time of foreclosure out of the proceeds of the liquidation of the Mortgage Loan. If
MHMFA shall so direct, Servicer shall relinquish servicing of a Mortgage Loan in default, and resume
servicing when requested by MHMFA.