(n) Any existing municipal ordinance or future ordinance that requires a conciliation
or mediation process as a precondition to the recordation of a foreclosure deed shall
comply with the provisions set forth herein and any provisions of said ordinances
that do not comply with the provisions set forth herein shall be determined to be
unenforceable.
(o) The provisions of this section shall not apply if:
(1) The mortgage is a reverse mortgage as described in chapter 25.1 of this title; or
(2) The date of default under the mortgage is on or before May 16, 2013.
(p) Limitations on actions. Any person who claims that a foreclosure is not valid due to the mortgagee’s failure
to comply with the terms of this section shall have one year from the date that the
first notice of foreclosure was published to file a complaint in the superior court
for the county in which the property is located and shall also file in the records
of land evidence in the city or town where the land subject to the mortgage is located
a notice of lis pendens, the complaint to be filed on the same day as the notice of
lis pendens or within seven (7) days thereafter. Failure to file a complaint, record
the notice of lis pendens, and serve the mortgagee within the one-year period shall
preclude said mortgagor, or any other person claiming an interest through a mortgagor,
from subsequently challenging the validity of the foreclosure. Issuance by the mediation
coordinator of a certificate authorizing the mortgagee to proceed to foreclosure,
or otherwise certifying the mortgagee’s good-faith effort to comply with the provisions
of this section, shall constitute a rebuttable presumption that the notice requirements
of subsection (d) have been met in all respects.