reglab/housing_qa huggingface dataset:
12 V.S.A. § 4631
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 163 - Chancery Proceedings|§ 4631. Mediation program established

§ 4631. Mediation program established|(a) This subchapter establishes a program to assure the availability of mediation and application of government loss mitigation program requirements in actions for foreclosure of a mortgage on any dwelling house of four units or less that is occupied by the owner as a principal residence.(b) The requirements of this subchapter shall apply to all foreclosure actions on dwelling houses of four units or less that are occupied by the owner as a principal residence unless:  (1) the loan involved is not subject to any government loss mitigation program requirements; (2) prior to commencing the foreclosure action, the mortgagee or a representative of the mortgagee met with or made reasonable efforts to meet with the mortgagor in person in Vermont to discuss any applicable loss mitigation options; and (3) the plaintiff in the foreclosure action certifies in a separate document filed with its complaint that the requirements of subdivisions (1) and (2) of this subsection have been satisfied and describes its efforts to meet with the mortgagor in person to discuss applicable loss mitigation efforts.   (c) To be qualified to act as a mediator under this subchapter, an individual shall be licensed to practice law in the State and shall be periodically required to take specialized, continuing legal education training courses on foreclosure prevention or loss mitigation approved by the Vermont Bar Association.(d) This subchapter shall not apply to a commercial loan.(e) As used in this subchapter:  (1) "Commercial loan" means any loan described in 9 V.S.A. § 46(1), (2), or (3). (2) "Government loss mitigation program" means:  (A) the federal Home Affordable Modification Program (HAMP); (B) any loss mitigation program for loans owned or guaranteed by government-sponsored entities such as the Federal National Mortgage Association (Fannie Mae), the Federal Home Loan Mortgage Corporation (Freddie Mac), the U.S. Federal Housing Administration, or the U.S. Department of Veterans Affairs; (C) any loss mitigation program for loans guaranteed by the U.S. Department of Agriculture-Rural Development that are not owned by an instrumentality of the United States or the State of Vermont; or (D) a settlement agreement with a government entity, or any state or federal law or regulation, regarding the notification, consideration, or offer of loss mitigation options. (Added 2009, No. 132 (Adj. Sess.), § 4; amended 2013, No. 8, § 1, eff. Dec. 1, 2013.)
12 V.S.A. § 4632
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 163 - Chancery Proceedings|§ 4632. Opportunity to mediate

§ 4632. Opportunity to mediate|(a) In an action for foreclosure subject to this subchapter, whenever the mortgagor requests mediation prior to four months after judgment is entered and before the end of the redemption period specified in the decree, the court shall refer the case to mediation pursuant to this subchapter, except that the court may:  (1) for good cause, shorten the four-month period or thereafter decline to order mediation; or (2) decline to order mediation if the mortgagor requests mediation after judgment has been entered and the court determines that the mortgagor is attempting to delay the case, or the court may for good cause decline to order mediation if the mortgagor requests mediation after judgment has been entered.   (b) Unless the mortgagee and mortgagor agree otherwise or the court so orders for good cause shown, all mediation shall be completed prior to the expiration of the redemption period specified in the decree and within 120 days of the mediator's appointment. The redemption period shall not be stayed on account of pending mediation.(c) In an action for foreclosure of a mortgage subject to this subchapter, the mortgagee shall serve upon the mortgagor two copies of the notice described in subsection (d) of this section with the summons and complaint. The Supreme Court may by rule consolidate this notice with other foreclosure-related notices as long as the consolidation is consistent with the content and format of the notice under this subsection.(d) The notice required by subsection (c) of this section shall:  (1) be on a form approved by the Court Administrator; (2) advise the homeowner of the homeowner's rights in foreclosure proceedings under this subchapter; (3) state the importance of participating in mediation even if the homeowner is currently communicating with the mortgagee or servicer; (4) provide contact information for legal services; and (5) incorporate a form that can be used by the homeowner to request mediation from the court.   (e) The Vermont Bar Association (VBA) shall have the authority to establish a fair and neutral mediator-selection process. If the mortgagee and mortgagor are unable to select a mediator through the selection process established by the VBA, the court shall appoint a qualified mediator for the case. (Added 2009, No. 132 (Adj. Sess.), § 4; amended 2013, No. 8, § 1, eff. Dec. 1, 2013.)
12 V.S.A. § 4634
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 163 - Chancery Proceedings|§ 4634. Mediation report

§ 4634. Mediation report|(a) Within seven days of the conclusion of any mediation under this subchapter, the mediator shall report in writing the results of the process to the court and both parties, and shall provide a copy of the report to the Office of the Attorney General for data collection purposes. The report submitted to the Attorney General's office shall include, in addition to the information identified in subsection (b) of this section, all applicable government loss mitigation program criteria, inputs, and calculations performed prior to or during the mediation and all information related to the requirements in subsection 4633(a) of this title. The report submitted to the Attorney General's office shall be confidential, and shall be exempt from public copying and inspection under 1 V.S.A. § 317, provided that any public report by the Attorney General may include information in aggregate form.(b) The report required by subsection (a) of this section shall not disclose the mediator's assessment of any aspect of the case or substantive matters discussed during the mediation, except as is required to report the information required by this section. The report shall contain all of the following items:  (1) The date on which the mediation was held, including the starting and finishing times. (2) The names and addresses of all persons attending, showing their role in the mediation and specifically identifying the representative of each party who had decision-making authority. (3) A summary of any substitute arrangement made regarding attendance at the mediation. (4) [Repealed.] (5) The results of the mediation, stating whether full or partial settlement was reached and appending any agreement of the parties. (6)(A) A statement as to whether any person required under subsection 4633(d) of this title to participate in the mediation failed to:   (i) attend the mediation; (ii) make a good faith effort to mediate; or (iii) supply documentation, information, or data as required by subsections 4633(a)-(c) of this title.  (B) If a statement is made under subdivision (A) of this subdivision (6), it shall be accompanied by a brief description of the applicable reason for the statement. (Added 2009, No. 132 (Adj. Sess.), § 4; amended 2013, No. 8, § 1; 2015, No. 23, § 145.)
12 V.S.A. § 4635
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 163 - Chancery Proceedings|§ 4635. Compliance with obligations

§ 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.)
12 V.S.A. § 4637
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 163 - Chancery Proceedings|§ 4637. No waiver of rights; costs of mediation

§ 4637. No waiver of rights; costs of mediation|(a) The parties' rights in a foreclosure action are not waived by their participation in mediation under this subchapter.(b) The mortgagee shall pay the required costs for any mediation under this subchapter except that the mortgagor shall be responsible for the mortgagor's own costs, including the cost of the mortgagor's attorney, if any, and travel costs.(c) If the foreclosure action results in a sale with a surplus, the mortgagee may recover the full cost of mediation to the extent of the surplus. Otherwise, the mortgagee may not shift to the mortgagor the costs of the mortgagee's or the servicing agent's attorney's fees or travel costs related to mediation but may shift up to one-half of the costs of the mediator. (Added 2009, No. 132 (Adj. Sess.), § 4.)
12 V.S.A. § 4671
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 165 - Confession of Judgment|§ 4671. Justice may take confession of judgment

§ 4671. Justice may take confession of judgment|A justice may accept and record a confession of a debt to a creditor made by a debtor personally, either with or without antecedent process, as the parties shall agree, and render judgment on such confession; but such judgment shall not be rendered except upon a specification in writing filed with such justice, setting forth the claim upon which the judgment is rendered.
12 V.S.A. § 4672
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 165 - Confession of Judgment|§ 4672. Effect on attachments

§ 4672. Effect on attachments|A judgment so rendered by confession, after the commencement of the suit, shall have the same effect to hold property attached or bail taken on mesne process, as if judgment had been rendered in the ordinary course of proceedings; but a confession of judgment by a debtor, after an action commenced against him or her, shall not be effectual to hold property attached where the same property has been subsequently attached by other creditors, as against them, unless the consent of all subsequent attaching creditors to such confession has been previously obtained in writing.
12 V.S.A. § 4673
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 165 - Confession of Judgment|§ 4673. Trustee actions

§ 4673. Trustee actions|In an action in which a trustee is summoned, the plaintiff may accept the tender of confession of judgment by the defendant therein without prejudice to such action. Upon filing the same in court, the cause shall proceed as if it were made in open court.
12 V.S.A. § 4711
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 167 - Declaratory Judgments Act|§ 4711. Declaratory judgment; scope

§ 4711. Declaratory judgment; scope|Superior Courts within their jurisdictions shall have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. An action or proceeding shall not be open to objection on the grounds that a declaratory judgment or decree is prayed for. The declaration may be either affirmative or negative in form and effect. Such declarations shall have the force and effect of a final judgment or decree. (Amended 1971, No. 185 (Adj. Sess.), § 236, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 81, eff. Feb. 1, 2011.)
12 V.S.A. § 4712
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 167 - Declaratory Judgments Act|§ 4712. Party plaintiff; power to construe

§ 4712. Party plaintiff; power to construe|A person interested under a deed, will, written contract, or other writings constituting a contract, or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract, or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise and obtain a declaration of rights, status, or other legal relations thereunder.
12 V.S.A. § 4713
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 167 - Declaratory Judgments Act|§ 4713. Before breach of contracts

§ 4713. Before breach of contracts|A contract may be construed either before or after there has been a breach thereof.
12 V.S.A. § 4714
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 167 - Declaratory Judgments Act|§ 4714. Fiduciaries; executors

§ 4714. Fiduciaries; executors|A person interested as or through an executor, administrator, trustee, guardian, or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration of a trust, or of the estate of a decedent, an infant, a person lacking mental capacity, or a person without financial resources, may have a declaration of rights or legal relations in respect thereto:  (1) to ascertain any class of creditors, devisees, legatees, heirs, next of kin, or others; or (2) to direct the executors, administrators, or trustees to do or abstain from doing any particular act in their fiduciary capacity; or (3) to determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings. (Amended 2013, No. 96 (Adj. Sess.), § 48.)
12 V.S.A. § 4715
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 167 - Declaratory Judgments Act|§ 4715. Construction; general powers of court

§ 4715. Construction; general powers of court|The enumeration in sections 4712-4714 of this title does not limit or restrict the exercise of the general powers conferred in section 4711 of this title, in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty.
12 V.S.A. § 4716
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 167 - Declaratory Judgments Act|§ 4716. Refusal to enter judgment; discretion of court

§ 4716. Refusal to enter judgment; discretion of court|The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.
12 V.S.A. § 4717
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 167 - Declaratory Judgments Act|§ 4717. Review

§ 4717. Review|All orders, judgments, and decrees under this chapter may be reviewed as other orders, judgments, and decrees.
12 V.S.A. § 4718
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 167 - Declaratory Judgments Act|§ 4718. Further proceedings

§ 4718. Further proceedings|Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. When the application is deemed sufficient, on reasonable notice, the court shall require any adverse party whose rights have been adjudicated by the declaratory judgment or decree to show cause why further relief should not be granted forthwith.
12 V.S.A. § 4719
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 167 - Declaratory Judgments Act|§ 4719. Jury trial

§ 4719. Jury trial|When a proceeding under this chapter involves the determination of an issue of fact, or a mixed issue of law and fact, such issue may be tried in the court in which the proceeding is pending and determined in the same manner as issues of fact and mixed issues of law and fact are tried and determined in other civil actions, with the right to trial by jury preserved to the parties, on any issue as to which such right would have existed in an action for affirmative relief. (Amended 1963, No. 176, § 1; 1971, No. 185 (Adj. Sess.), § 130, eff. March 29, 1972.)
12 V.S.A. § 4720
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 167 - Declaratory Judgments Act|§ 4720. Costs

§ 4720. Costs|In any proceedings under this chapter, the court may make such award of costs as may seem equitable and just.
12 V.S.A. § 4721
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 167 - Declaratory Judgments Act|§ 4721. Parties

§ 4721. Parties|When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal ordinance or franchise, such municipality shall be made a party and shall be entitled to be heard. If the statute, ordinance, or franchise is alleged to be unconstitutional, the Attorney General shall also be served with a copy of the proceeding and be entitled to be heard.
12 V.S.A. § 4722
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 167 - Declaratory Judgments Act|§ 4722. Construction

§ 4722. Construction|This chapter is declared to be remedial. Its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations and it is to be liberally construed and administered.
12 V.S.A. § 4723
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 167 - Declaratory Judgments Act|§ 4723. Definition

§ 4723. Definition|The word "person" wherever used in this chapter shall be construed to mean any person, partnership, joint stock company, unincorporated association or society, or municipal or other corporation of any character whatsoever.
12 V.S.A. § 4724
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 167 - Declaratory Judgments Act|§ 4724. Separability of provisions

§ 4724. Separability of provisions|The several sections and provisions of this chapter, except sections 4711 and 4712, are hereby declared independent and severable, and the invalidity, if any, of any part or feature thereof shall not affect or render the remainder of the chapter invalid or inoperative.
12 V.S.A. § 4725
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 167 - Declaratory Judgments Act|§ 4725. Uniformity of interpretation

§ 4725. Uniformity of interpretation|This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it, and as far as possible to harmonize with federal laws and regulations on the subject of declaratory judgments and decrees.
12 V.S.A. § 4761
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 169 - Ejectment|§ 4761. When maintainable; parties

§ 4761. When maintainable; parties|A person having claim to the seisin or possession of lands, tenements, or hereditaments shall have an action of ejectment, according to the nature of the case, which shall be brought as well against the landlord, if any, as against the tenant in possession of the premises, or against a person that is occupying a dwelling unit, for which subleasing is prohibited pursuant to a written rental agreement, without right or permission pursuant to 9 V.S.A. § 4456b(a)(2); and, if otherwise brought, on motion, the same shall be abated. Tenants in common of lands may join in an action concerning their common interest in such lands. (Amended 2015, No. 126 (Adj. Sess.), § 4.)
12 V.S.A. § 4762
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 169 - Ejectment|§ 4762. When judgment shall not prejudice landlord

§ 4762. When judgment shall not prejudice landlord|When the plaintiff neglects to join the landlord, if any, with the tenant in such action, or by collusion with the tenant recovers judgment against him or her for the seisin of lands, such landlord shall not be prejudiced thereby, but shall be held to have the prior possession in a trial thereafter had of his or her right to such lands against the person so recovering, or a person deriving claim from him or her.
12 V.S.A. § 4763
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 169 - Ejectment|§ 4763. When all tenants are not sued; disclaimer

§ 4763. When all tenants are not sued; disclaimer|The writ in the action of ejectment shall not abate because all the tenants are not sued, but those on whom service is made shall answer for such part of the premises only as they set forth in their answer, and disclaim as to the remainder. If a defendant disclaims as to the whole, he or she shall recover his or her costs, unless the plaintiff proves such defendant in possession of all or part of the premises demanded at the commencement of the action.
12 V.S.A. § 4764
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 169 - Ejectment|§ 4764. Recovery according to right

§ 4764. Recovery according to right|On trial in an action of ejectment, the plaintiff shall recover on the merits, according to his or her right.
12 V.S.A. § 4765
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 169 - Ejectment|§ 4765. Damages; transfer of title pending action

§ 4765. Damages; transfer of title pending action|If judgment is rendered for the plaintiff in an action of ejectment, he or she shall recover his or her damages and the seisin and possession of the premises. If the title of the plaintiff expires or is conveyed by him or her after the commencement of such action, the suit shall not thereby fail, but the plaintiff may recover judgment for his or her damages for the detention of the premises during the continuance of his or her title, with costs.
12 V.S.A. § 4766
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 169 - Ejectment|§ 4766. Effect of judgment

§ 4766. Effect of judgment|While remaining in force, the judgment recovered in an action of ejectment shall be conclusive against the parties thereto, their heirs, and assigns.
12 V.S.A. § 4773
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 169 - Ejectment|§ 4773. Ejectment for nonpayment of rent; proof; payment

§ 4773. Ejectment for nonpayment of rent; proof; payment|In actions of ejectment for nonpayment of rent, the plaintiff shall not be required to prove a demand of the rent in arrear or a stipulation for reentry on nonpayment of rent or a reentry on the premises, but shall recover judgment as if the rent in arrear had been demanded and reentry made. Before a writ of possession is executed, if the defendant pays into court all rent due through the end of the current rental period, including interest and the costs of suit, the action shall be discontinued. A defendant may not defeat an ejectment action by payment of all rent in arrears, interest, and court costs more than one time in 12 months. The 12-month period shall begin on the day the payment is made. (Amended 2007, No. 176 (Adj. Sess.), § 50.)