Borrower’s Good Faith Response to the Mortgage Loan Modification Notice

A borrower shall be deemed to have made a good faith effort to respond to a creditor’s notice of the borrower’s right to request a mortgage loan modification if, within 30 days of the creditor’s notice being sent, the borrower provides the creditor with the following: (1) Mortgage Modification Options. A completed Mortgage Modification Options form selecting one of the available loan modification, foreclosure alternative, or waiver options set forth on the form. A borrower that requests a loan modification must also provide a completed loan modification application. (2) Receipt of Loan Modification Application. A completed loan modification application means an application in connection with which the creditor has received all of the documents and information that the creditor requires from a borrower in evaluating applications for a modified mortgage loan. (3) Delivery of Mortgage Modification Options Form. A borrower shall deliver the completed Mortgage Modification Options form and, if applicable, a completed loan modification application, to the creditor by: (a) Hand-delivery; or (b) First class and certified mail or similar service provided by a private carrier. (4) Alternate Methods of Delivery of Mortgage Modification Options Form. A borrower may deliver the Mortgage Modification Options form and loan modification application to the creditor by methods other than those set forth in 209 CMR 56.06(3); however, use of any such alternate delivery method is not presumed to notify the creditor absent actual receipt by the creditor.