D.C. Mun. Regs. tit. 26, r. 26-C2721

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 26-C2721 - APPLICATION FOR ORDER TO PERFORM DUE TO BREACH
2721.1

A borrower that alleges that a lender has breached a settlement agreement entered into pursuant to this chapter may request that the Mediation Administrator issue an Order to Perform by filing an Application for Order to Perform Due to Breach (Form FM-10B) prescribed by the Commissioner and available on the Commissioner's website at http://disb.dc.gov.

2721.2

An Application for Order to Perform Due to Breach (Form FM-10B) shall be filed with the Mediation Administrator.

2721.3

The borrower shall mail to the lender an Application for Order to Perform Due to Breach (Form FM-10B).

2721.4

A lender who receives an Application for Order to Perform Due to Breach (Form FM-10B) alleging that the lender is in breach of a settlement agreement may challenge the allegation of the borrower that the lender breached the settlement agreement by filing an objection to the Application for Order to Perform Due to Breach (Form FM-10B) with the Mediation Administrator within ten (10) days of the date of mailing of the Application for Order to Perform Due to Breach (Form-10B) pursuant to this section.

2721.5

An objection filed pursuant to Subsection 2721.4 shall set forth each basis for which the lender disputes the allegations that it has breached the settlement agreement, including all relevant facts.

2721.6

The Mediation Administrator may contact the lender or borrower(s) for information regarding an Application for Order to Perform Due to Breach (Form FM-10B) filed pursuant to this section.

D.C. Mun. Regs. tit. 26, r. 26-C2721

Emergency and Proposed Rulemaking published at 58 DCR 2958 (April 8, 2011)[EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 58 DCR 8247 (September 23, 2011)[EXPIRED]; as amended by Final Rulemaking published at 58 DCR 11469 (December 30, 2011); as amended by Final Rulemaking published at 61 DCR 6390 (June 27, 2014)
Authority: Section 539 b of An Act to establish a code of law for the District of Columbia, approved March 3, 1901 (31 Stat. 1189; D.C. Official Code § 42-815.02(j) (2012 Repl.)), and Mayor's Order 2011-51, dated March 2, 2011.