9-25-10: MORTGAGEE AFFIRMATIVE DEFENSES AND EXCLUSIONS:

The following shall be affirmative defenses under section 9-25-7:

   A.   That at the time of the violation the building was lawfully or unlawfully occupied by any number of persons;

   B.   That the owner or another mortgagee has registered the building pursuant to section 9-25-6 or section 9-25-7 as applicable and such registration is current;

   C.   That the mortgagee is barred from doing any action required by this section by an automatic stay pursuant to a bankruptcy proceeding, provided that the mortgagee tenders evidence including the bankruptcy case number;

   D.   That the mortgagee has cured all violations within thirty (30) days of receiving written notice of such violations. Notice sent by U.S. mail shall be deemed received seven (7) days after mailing. An affidavit shall be conclusive proof of mailing;

   E.   That at the time of the violation, the mortgage was not in default;

   F.   That at the time of the violation, the mortgagee was not the senior lienholder of record on the real estate;

   G.   That a receiver has been appointed for the property by a court of competent jurisdiction;

   H.   That in a foreclosure proceeding with respect to the property, the owner or mortgagor is taking any of the following acts:

      1.   Filing any pleading which asserts claims against the mortgagee or defenses;

      2.   Filing any motion which asserts defenses or claims against the mortgagee;

      3.   Filing any discovery for response by the mortgagee; or

      4.   Filing a request for mediation. (Ord. 2020-56, 6-16-2020)