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BOARD OF APPEAL HEARINGS
BOARD FINAL ARBITER:
BZC-
HEARINGS:
BZC-30791 38 Breck Avenue, Ward 22 38 Breck Avenue Condo (by Vadim Bubes, Trustee)
BZC-30807 21 Rogers
BZC-30811 4 Gerrish Street, Ward 22 Anthony G Virgilio
BZC-30640 106 Queensberry Street, Ward 21 98-106 Queensberry Trust
BZC-30790 104 Queensberry Street, Ward
BZC-30824 45 Selkirk Road, Ward 21 Selkirk Company LLC
BZC-30821 92 Greaton Road, Ward 20 David & Joyce Smith
BZC-30799 722
BZC-30812 46 Meadowbank Avenue, Ward 18 Louis Jeudy
BZC-30817 36 West Street, Ward 18 Cesar DaSilva
BZC-30826 581 American Legion Highway, Ward 18 Huguens Phane & Harold Sanon
BZC-30771 43 Granite Avenue, Ward 16 Jennifer Layden (by Wayne Layden)
BZC-30800 14 Becket Street, Ward 16 Max Narayan Uditnarain
BZC-30795 816 Morton Street, Ward 14 Hugues Lafond
BZC-30794 131 Bird Street, Ward 13 Mithnita Pabon
BZC-30816 45 Sargent Street, Ward 13 Wilfredo Nunez
BZC-30831 29 Romsey Street, Ward 13 Francis Cotter
BZC-30832 1 Romsey Street, Ward 13 Francis Cotter
BZC-30833 7 Rowell Street, Ward 13 Nachet Y. Mehciz
BZC-31014 239-243
HEARINGS:
BZC-30818 31 Gay Head Street, Ward 10 Cesar DaSilva
BZC-30829 6 Gayhead Street, Ward 10 Michael Ramroopsingh
BZC-30808 274
BZC-30834 800 East Seventh Street, Ward 6 Arthur Choo Jr.
BZC-30843 108 Arlingrton Street, Ward 5 112
BZC-30858 52
BZC-30860 150
BZC-30801 34 Commercial Wharf, Ward 3 Henia Merecki
BZC-30852 65
BZC-30828 101
RE-DISCUSSION:
BZC-30691 57 Desoto Road, Ward 20 Max Beichel
BZC-30686 17 Bradlee Street, Ward 17 Clear Wireless LLC
BZC-30687 12 Algonquin Street, Ward 17 Clear Wireless LLC
BZC-30688 19 Bradlee Street, Ward 17 Clear Wireless LLC
BZC-30670 24 Mill Street, Ward 16 Tedeusz Wojcik (by Pawel Wojcik)
BZC-30695 304-304A
BZC-30703 223-227a
BOARD MEMBERS:
CHRISTINE ARAUJO- SECRETARY
ANGELO BUONOPANE
PETER CHIN
BRUCE BICKERSTAFF
MICHAEL MONAHAN
ANTHONY PISANI
ROBERT SHORTSLEEVE-CHAIRMAN
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| Urban League of Eastern Massachusetts | 88 Warren Street | Roxbury | MA | 02119 |
The SAW Youth Program is hosting a holiday
party/fundraiser at the
Blackstone Community Center!
Friday, December 10, 2010
Featuring:
The Boston Boogie Heads!
Stop by from 6 - 7 pm
to create your own DVD music video!
($3, proceeds benifit the SAW Youth Program)
Dear Facilitators, Friends & Supporters,
Happy Holidays! You are cordially invited to the Saw Youth Program's
If you are able to attend the party we ask that you RSVP by responding to this email. Let us know if you plan on attending, and whether or not you are still interested in supporting the SAW Youth Program in 2011.
Another one of our goals for this party is to give each SAW youth participant a coat, so that no child will be left cold this winter, and unfortunately we have not had much success with donations as of yet. So we are asking all of our friends, staff, supporters, sponsors, parents and allies to donate $20 each, in order to reach our goal. You can donate by Pay-pal on our website (www.sistersatwork.org) or mail a check/money-order to:
Again, we would like to thank you for your generous support this year, and we hope you are able to attend our holiday celebration. It would be wonderful if all of the SAW Youth Program staff can come together with the youth to enjoy the surprises we have in store for all!
Sincerely,
Me'Chelle "Mikey" Myles
Executive Director
ORDERED: That a petition to the General Court, accompanied by a bill for a special law relating to the city of Boston, to be filed with an attested copy of this Order be, and hereby is, approved under Clause One (1) of Section Eight (8) of Article Two (2), as amended, of the Amendments to the Constitution of the Commonwealth of Massachusetts, to the end that legislation be adopted precisely as follows, except for clerical or editorial changes of form only:
AN ACT TO FACILITATE MEDIATION OF MORTGAGE FORECLOSURES OF OWNER OCCUPIED RESIDENTIAL REAL PROPERTY IN THE CITY OF BOSTON
SECTION 1. For the purposes of this Act, the following words shall, unless the context clearly requires otherwise, have the following meanings:
"Creditor", a person or entity that holds or controls, partially, wholly, indirectly, directly, or in a nominee capacity, a mortgage loan securing a residential property, including, without limitation, a mortgagee, an originator, holder, investor, assignee, successor, trust, trustee, nominee holder, Mortgage Electronic Registration System or mortgage servicer, including the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation. "Creditor" shall also include any servant, employee or agent of a creditor.
"Good Faith Effort", shall mean an effort by each party upon being present or taking part in the mediation conference as required by this Act in an effort to negotiate and agree upon a commercially reasonable alternative to foreclosure as described in G.L. c. 244, §35A(c).
"Homeowner", shall mean an individual mortgagor, his or her assignee, successor, or a trust or trustee who owns and resides in residential real property located in the city, and for whom such residential real property is his/her principal residence.
"Loan/mortgage mediation conference", shall mean the formal discussion and negotiation undertaken by the parties in a good faith effort to negotiate and agree upon a commercially reasonable alternative to avoid foreclosure and held at a location mutually convenient to the parties. Both the homeowner/mortgagor and lender/mortgagee must be physically present for the mediation conference unless telephone participation is mutually agreed upon.
"Mediation Program" or "Program", shall mean the foreclosure mediation program established in the city of
"Mediation Program Manager", shall mean a neutral not-for-profit organization with offices located in the city of Boston and experienced in the mediation of the residential foreclosure process, familiar with all programs available to help homeowners avoid foreclosure, and knowledgeable of the mortgage foreclosure laws of the commonwealth. The Mediation Program Manager shall sign a user agreement with the city authorizing the receipt and use of personal and financial information for the purposes of the mediation program only. Such Mediation Program Manager shall ensure the security and confidentiality of any and all information received or exchanged under the program consistent with applicable federal, state, and city laws. Access to such program information shall be limited to those officers and employees of the organization who require the information to properly perform services under the city's mediation program, and that the organization and its officers and employees may not access, modify, use or disseminate such information for inconsistent or unauthorized purposes.
"Mediator", shall mean an individual (a) whose training complies with the qualifications standards for neutrals specified in the guidelines for training mediators adopted by the Supreme Judicial Court of Massachusetts pursuant to Rule 8 of the Uniform Rules for Dispute Resolution; and (b) who has completed training on foreclosure mediation; and (c) who has a working knowledge of all federal, state, and city [JH1] programs available to help homeowners retain their homes.
"Mortgagee", an entity to whom property is mortgaged, the mortgage creditor or lender including, but not limited to, mortgage servicers, lenders in a mortgage agreement and any agent, servant or employee of the mortgagee or any successor in interest or assignee of the mortgagee's rights, interests or obligations under the mortgage agreement.
"Mortgage loan", a loan to a natural person made primarily for personal, family or household purposes secured wholly or partially by a mortgage on residential property.
"Mortgage servicer", an entity which administers or at any point administered the mortgage; provided, however that such administration shall include, but not be limited to, calculating principal and interest, collecting payments from the mortgagor, acting as escrow agent or foreclosing in the event of a default.
"Mortgagor", is the borrower of a mortgage loan that is secured wholly or partially by a mortgage on residential property.
"Residential property", shall mean real property that is owner-occupied as an owner's principal residence, located within the city, that is either a single-family dwelling or a structure containing not more than four (4) residential units, and shall also include a residential condominium unit or a residential co-op unit occupied by an owner as an owner's principal residence.
"The parties", shall mean the homeowner/mortgagor and the creditor/mortgagee or their assigns or successors.
SECTION 2. Notwithstanding any general or special law to the contrary, no mortgage foreclosure in the city of Boston pertaining to residential property which is owner occupied as the owner's principal residence shall be effective unless a certificate is issued by a city-approved mediation program manager verifying the mortgagee's good faith participation in foreclosure mediation.
SECTION 3. The city of Boston is hereby empowered to establish a mediation program relative to mortgage foreclosures in accordance with this Act and promulgate regulations as necessary and appropriate to implementing such a mediation program involving mortgagees, creditors, mortgagors, homeowners, utilizing city-approved mediation program managers and mediators to mediate between the mortgagee, or its assigns, and a mortgagor / homeowner who owns residential real property in the city which is occupied by the mortgagor as his or her principal residence. Such mediation shall be facilitated by a city-approved mediation program manager according to procedures established by this Act. Except as hereinafter provided in sections 4 and 5 relating to foreclosure by power of sale or by entry, and notwithstanding any contrary provision of G.L. c. 244, inclusive, or any special law relating to the regulation of mortgage foreclosures, such mediation program may only relate to the mediation of mortgage foreclosures of residential real property in the city of Boston that is the mortgagor's principal residence.
SECTION 4. Notwithstanding section 14 of Chapter 244 of the General Laws relating to the power of sale, no sale in the city of Boston shall be effectual to foreclose a mortgage, unless, all notices required by § 14 reference a certificate from a city-approved mediation program manager verifying that the mortgagee, its assignee or any person identified in §14 who may do the acts authorized or required by the power of sale, has participated in a mediation program in accordance with this Act.
SECTION 5. No entry by foreclosure in the city of Boston shall be effectual unless the memorandum or certificate recorded as required by G.L. c. 244, § 2 includes as an attachment or exhibit a copy of a certificate from a city-approved mediation program manager verifying that the creditor or mortgagee (or its assignee or attorney) has participated in mediation with the mortgagor as required by this Act.
SECTION 6. Pursuant to this Act, the city shall establish a mediation program to provide mediation for all foreclosures of mortgages on owner-occupied residential property with no more than 4 units that is the primary residence of the owner-occupant. The program shall address all issues of foreclosure, including but not limited to reinstatement of the mortgage, modification of the loan and restructuring of the mortgage debt, including the reduction and forgiveness of mortgage debt. Mediations conducted pursuant to the program shall use the calculations, assumptions and forms that are established by (i) the Federal Deposit Insurance Corporation and published in the Federal Deposit Insurance Corporations Loan Modification Program Guide available on the Federal Deposit Insurance Corporation's publicly accessible website, (ii) the Home Affordable Modification Program; (iii) any modification program that a lender uses which is based on accepted principles and the safety and soundness of the institution and recognized by the National Credit Union Administration, the Division of Banks or any other instrumentality of the commonwealth; (iv) the Federal Housing Agency; or (v) similar federal programs.
The city shall provide for a means of evaluating and selecting qualified Mediation Program Managers. The city shall also provide for a means of assessing and evaluating annually the city's mediation program including reports and data related to (a) the number of mortgagors who are notified of mediation; (b) the number of mortgagors who attend mediation and who receive counseling or assistance; (c) the number of certificates of completion issued under the program, and (d) the results of the mediation process, including the number of loans restructured, number of principal write-downs, interest rate reductions and, to the extent such information is available, the number of mortgagors who default on mortgages within a year after restructuring.
The city may terminate a Mediation Program Manager's participation in the mediation program for good cause, as determined by the appropriate city official. In such case, the Mediation Program Manager shall deliver to the city all records and information in its possession for appropriate preservation and storage.
SECTION 7. Except for financial information otherwise permitted by law to be disclosed, any financial statement or information provided to the city or its approved independent counseling agencies or provided to the mortgagee or mortgagor during the course of mediation in accordance with this Act is confidential and shall not be available for public inspection. Any financial statement or information to reasonably facilitate the mediation shall be made available as necessary to the mediator and to the attorneys or representatives, if any, of the parties to the mediation. Any financial statement or information designated as confidential under this section shall be kept separate and apart from other papers and matters not the subject of the mediation.
SECTION 8. For the purpose of the mediation program established by the city, the city shall receive a copy of all notices within ten (10) days of receipt by the Commissioner of the Division of Banks pursuant to G.L. c. 244, §35A(k) that relate to residential properties in the city of Boston. The city shall notify the creditor/mortgagee and the mortgagor of their rights and responsibilities under this Act regarding mediation. It is the intent and purpose of this Act that mediation commence within 45 days of the mortgagor receiving notice of his or her right to cure as provided in M.G.L. c. 244, §35A (g) and (h). The city shall refer the matter for mediation to an approved mediation program manager which shall have the responsibility of assigning a mediator and scheduling the parties to immediately commence mediation pursuant to this Act. The parties shall participate in good faith in such mediation consistent with the creditor's and mortgagor's rights and obligations in G.L. c. 244, §35A and the mediation shall proceed with the parties' good faith effort to negotiate and agree upon a commercially reasonable alternative to foreclosure as defined in c. 244, §35A(c). The mediation shall continue without delay until completion but shall not go beyond ninety (90) days from the date that the mortgagor received notice of his or her right to cure. Notwithstanding the limitation in the previous sentence, the mediation may be extended by mutual agreement for good cause, but under no circumstances may such mediation extend beyond the end of the mortgagor's right to cure under G.L. c.244, §35A(b).
SECTION 9. The mediation program established by this Act shall include, and be limited to, the following steps:-
(a) the parties shall participate in a mandatory loan/mortgage mediation conference at a location mutually convenient to the parties. Telephone participation by the creditor/mortgagee shall not be permitted unless mutually agreed to by all parties.
(b) said mediation conference shall be scheduled at a time and place to be determined by the mediation program manager, but not later than forty-five (45) days following the mortgagor's receipt of his or her notice of right to cure. The parties will be noticed under the mediation program by certified and first class mail.
(c) prior to the scheduled mediation conference, the mortgagor shall be assigned a city-approved loan counselor. If the mortgagor is already working with a city-approved loan counselor, no assignment is necessary. However, such loan counselor must agree to work with the mortgagor during the mediation process in accordance with the provisions of this Act.
(d) the mortgagor shall cooperate in all respects with the Mediation Program Manager, providing all necessary financial and employment information. The mortgagor shall complete any and all loan resolution proposals and applications as appropriate. The mortgagor must provide evidence of current income. The mortgagee's representative must bring and make available, the mortgage, note, all assignments, as well as a detailed accounting of the outstanding balance, costs and fees.
(e) if after two (2) attempts by the mediation program manager to contact the mortgagor, the mortgagor fails to respond to the mediation program manager's request to appear for the mediation conference, or the mortgagor fails to cooperate in any respect with the requirements outlined in this Act, the requirements of the Act will be deemed to be satisfied upon verification by the city-approved mediation program manager that the required notice was sent; and if so, a certificate shall be issued immediately by the mediation program manager certifying that the creditor/mortgagee has satisfied the mediation requirements of this Act.
(f) if, it is determined after a good faith effort made by the creditor/mortgagee at the mediation conference with the mortgagor, that the parties cannot come to an agreement to re-negotiate the terms of the loan in an effort to avoid foreclosure, such good faith effort on behalf of the creditor/mortgagee shall be deemed to satisfy the requirements of this Act. A certificate certifying such good faith effort pursuant to this Act shall be issued immediately and without delay by the Mediation Program Manager authorizing the creditor/mortgagee to proceed with its rights under Chapter 244 of the General Laws.
SECTION 10. The city of
SECTION 11. This Act shall take effect no later than sixty (60) days from its passage.
[JH1]I deleted "financial"
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THIS ISN'T THE END,
This struggle will continue!!!!
_______________________________________________________________
Occasionally we receive information from people regarding organizations and businesses.
While we share this information with you, it should not be seen as an endorsement of their services.
_________________________________________________________________
District 7 Boston City Council Office
One City Hall Square
Boston, MA 02201
Phone (617) 635-3510 / Fax (617) 635-3734
ChuckTurner ---> cturner694@comcast.net Lorraine.Fowlkes@cityofboston.gov
Paulette.Tillery@cityofboston.gov Darrin.Howell@cityofboston.gov
Edith.Monroe@cityofboston.gov Angela.Yarde@cityofboston.gov
ROXBURY: WARD 8, Pcts 3-4, 7; WARD 9, Pcts 3-5; WARD 11, Pcts 1-3, 5; WARD 12, Pcts 1-9
DORCHESTER: Ward 7, Pct 10; Ward 8, Pcts 5-6; Ward 13, Pcts 1-2, 4-5
SOUTH END: Ward 4, Pct 4; Ward 9, Pct 2
FENWAY: Ward 4, Pcts 5, 8-9