§667-78  Owner-occupant's election of dispute resolution;  owner-occupant program fee; right to dispute resolution waived.  (a)  An owner-occupant elects to participate in the mortgage foreclosure dispute resolution program by returning to the department:

     (1)  The completed program election form provided:

          (A)  Pursuant to section 667-77(2); or

          (B)  On a website maintained by the department;

     (2)  Certification under penalty of perjury that the mortgagor is an owner-occupant, accompanied with any supporting documentation, including copies of recent utility billing statements, voter registration records, real estate property tax records, or state identification forms; and

     (3)  A program fee of $300.

The completed form and fees shall be received by the department no later than thirty days after mailing of the department's notification pursuant to section 667-77.

     (b)  If the completed form and fee are not received within the required time period, the owner-occupant shall be deemed to have waived any right to participate in the mortgage foreclosure dispute resolution program with respect to the subject property and the foreclosure notice filed with the department.

     (c)  If the owner-occupant does not elect to participate in dispute resolution pursuant to this part, the department shall notify the mortgagee within ten days of receiving an election form indicating nonelection or the termination of the thirty-day time period for election.  After receiving the department's notification, the mortgagee may proceed with the nonjudicial foreclosure process according to the process provided in part II of this chapter. [L 2011, c 48, pt of §1, §45(2); am L 2012, c 182, §§42, 49]