[§667-35]  Appeal to circuit court.  The
borrower, the mortgagor, and any creditor having a recorded lien on the
mortgaged property before the recordation of the notice of default under
section 667-23, shall have the right to file an appeal in the circuit court
where the mortgaged property is located to contest the presumptions set forth
in section 667-34, and the statements contained in the affidavit required by
section 667-32.  No appeal shall be filed later than thirty days after the
recordation of the affidavit.  Failure to timely appeal shall result in the
statements in the affidavit and the presumptions set forth in section 667-34
becoming conclusive in accordance with the terms of that section. [L 1998, c
122, pt of §1]