(h) If the mediation coordinator determines that after a good-faith effort made by the
mortgagee at the mediation conference, the parties cannot come to an agreement to
renegotiate the terms of the loan in an effort to avoid foreclosure, such good-faith
effort by the mortgagee shall be deemed to satisfy the requirements of this section.
A certificate certifying such good-faith effort will be promptly issued by the mediation
coordinator authorizing the mortgagee to proceed with the foreclosure action and recording
of the foreclosure deed; provided, however, that the mediation coordinator shall not
be required to issue such a certificate until any penalties accrued pursuant to subsections
(d)(1) and (d)(4)(ii), and any payments owed pursuant to subsection (f), have been
paid. Such certification shall be valid until the earlier of:
(1) The curing of the default condition; or
(2) The foreclosure of the mortgagor’s equity of redemption.
The certificate shall be recorded along with the foreclosure deed. A form of certificate
meeting the requirements of this section shall be promulgated by the department for
use by mortgagees at least thirty (30) days prior to the effective date of this section.