SECTION 1.  Section 35A of chapter 244 of the General Laws, as amended by section 7 of chapter 258 of the acts of 2010, is hereby amended by adding after subsection (k) the following subsection:

(l) The provisions of this section shall be terminated if:

    (1) a borrower has submitted an application for relief under Chapter 7 of  the United States Bankruptcy Code; or

    (2) a borrower waives their 150 day right to cure a default, if the borrower determines that the right to cure is not in their best interest or is due to a bona fide personal emergency.  To waive the right to cure under subsection (b), the borrower shall give the mortgagee, or anyone holding thereunder, a dated written statement that describes the reason why the right to cure is not in their best interests or the personal emergency, that specifically waives the right to cure, and that bears the signature of each borrower entitled to the right to cure.

A mortgagee or anyone holding thereunder may not require a borrower to sign a waiver of their right to cure or provide the borrower with a preprinted form for such a waiver.

The commissioner of banks may prescribe from time to time such rules and regulations as may be necessary or proper in carrying out this subsection. Such rules and regulations may contain such factors, classifications, differentiations or other provisions, and may provide for such adjustments and exceptions for any class of transactions as, in the judgment of the commissioner, are necessary or proper to carry out this subsection, to prevent circumvention or evasion thereof or to facilitate compliance therewith.

SECTION 2.  Section 35A of chapter 244 of the General Laws, as amended by section 8 of chapter 258 of the acts of 2010, is hereby amended by adding after subsection (f) the following subsection:

(g) The provisions of this section shall be terminated if:

    (1) a borrower has submitted an application for relief under Chapter 7 of  the United States Bankruptcy Code; or

    (2) a borrower waives their 90 day right to cure a default, if the borrower determines that the right to cure is not in their best interest or is due to a bona fide personal emergency.  To waive the right to cure under subsection (a), the borrower shall give the mortgagee, or anyone holding thereunder, a dated written statement that describes the reason why the right to cure is not in their best interests or the personal emergency, that specifically waives the right to cure, and that bears the signature of each borrower entitled to the right to cure.

A mortgagee or anyone holding thereunder may not require a borrower to sign a waiver of their right to cure or provide the borrower with a preprinted form for such a waiver.

The commissioner of banks may prescribe from time to time such rules and regulations as may be necessary or proper in carrying out this subsection. Such rules and regulations may contain such factors, classifications, differentiations or other provisions, and may provide for such adjustments and exceptions for any class of transactions as, in the judgment of the commissioner, are necessary or proper to carry out this subsection, to prevent circumvention or evasion thereof or to facilitate compliance therewith.