Vermont Statutes Title 12 Sec. 4635
Terms Used In Vermont Statutes Title 12 Sec. 4635
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
- Government loss mitigation program: means :
- Mortgagee: The person to whom property is mortgaged and who has loaned the money.
- Testify: Answer questions in court.
§ 4635. Compliance with obligations
(a) Upon receipt of a mediator’s report required by subsection 4634(a) of this title, the court shall determine whether the mortgagee or servicer has complied with all of its obligations under subsection 4633(a) of this title, and, at a minimum, with any applicable government loss mitigation program requirements. The court may make such a determination without a hearing unless the court, in its discretion, determines that a hearing is necessary.
(b) If the mediator’s report includes a statement under subdivision 4634(b)(6) of this title, or if the court makes a determination of noncompliance with the requirements under subsection 4635(a) of this title, the court may impose appropriate sanctions against the noncomplying party, including:
(1) tolling of interest, fees, and costs;
(2) reasonable attorney’s fees;
(3) monetary sanctions;
(4) dismissal without prejudice; and
(5) prohibiting the mortgagee from selling or taking possession of the property that is the subject of the action with or without opportunity to cure as the court deems appropriate.
(c) No mediator shall be required to testify in an action subject to this subchapter. (Added 2009, No. 132 (Adj. Sess.), § 4; amended 2013, No. 8, § 1.)