209 CMR 40.08 - Bona Fide Errors
It shall not constitute a violation of 209 CMR 40.05 through 40.07, if the lender shows by a preponderance of the evidence that either:
(1) Within 30 days of the loan closing, and
prior to the institution of any action under M.G.L. c. 183C, the lender
notifies the borrower of the compliance failure and makes appropriate
restitution and whatever adjustments are necessary are made to the loan, at the
choice of the borrower, to either:
(a) make
the high cost home loan satisfy the requirements of M.G.L. c. 183C and
209 CMR 40.00; or
(b) change the terms of the loan in a manner
beneficial to the borrower so that the loan will no longer be considered a high
cost home loan; or
(2)
The compliance failure was not intentional and resulted from a bona
fide error, and within 60 days after the discovery of the compliance
failure and before the institution of any action under M.G.L. c. 183C or
209 CMR 40.00 or the receipt
of written notice of the compliance failure, the borrower is notified of the
compliance failure, appropriate restitution is made and whatever adjustments
are necessary are made to the loan, at the choice of the borrower, to either:
(a) make the high cost home loan satisfy the
requirements of M.G.L. c. 183C and
209 CMR 40.00; or
(b) change the terms of the loan in a manner
beneficial to the borrower so that the loan will no longer be considered a high
cost home loan.
Notes
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