48
Foreclosure Diversion Program Information Session Understanding and Preparing for Mediation *For more detailed information and additional resources, go to the Pine Tree Legal website at www.ptla.org/foreclosure-prevention-toolkit Or call the Maine Foreclosure Hotline at 1-888-664-2569 1

Foreclosure Diversion Program Information Session ... · • Under the court mediation rule, you have 21 days from today to provide documents requested by the mortgage company. •

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Page 1: Foreclosure Diversion Program Information Session ... · • Under the court mediation rule, you have 21 days from today to provide documents requested by the mortgage company. •

Foreclosure Diversion Program Information Session

Understanding and Preparing

for Mediation

*For more detailed information and additional resources, go to the Pine Tree Legal website at www.ptla.org/foreclosure-prevention-toolkit

Or call the Maine Foreclosure Hotline at 1-888-664-2569

1

Page 2: Foreclosure Diversion Program Information Session ... · • Under the court mediation rule, you have 21 days from today to provide documents requested by the mortgage company. •

Why am I here today? • In Maine, homeowners of

owner-occupied homes have the right to request mediation in a foreclosure case.

• Today, you are here for a presentation by homeowner advocates about what to expect and how to prepare for your mediation.

• This presentation will be followed by your first mediation. 2

Page 3: Foreclosure Diversion Program Information Session ... · • Under the court mediation rule, you have 21 days from today to provide documents requested by the mortgage company. •

Who else is here? • Homeowner advocates

– Pine Tree Legal Assistance

– HUD-certified housing counselors

• Mediators • Lawyers for mortgage

companies • Representative of

mortgage company (usually by phone) 3

Page 4: Foreclosure Diversion Program Information Session ... · • Under the court mediation rule, you have 21 days from today to provide documents requested by the mortgage company. •

What should I expect today? • You will hear from a

homeowner advocate about the court process, about preparation, and about where to find resources.

• You will attend your first mediation, which is generally intended to set deadlines for forms to be exchanged and get a sense of your goals.

4

Page 5: Foreclosure Diversion Program Information Session ... · • Under the court mediation rule, you have 21 days from today to provide documents requested by the mortgage company. •

What kind of options might I have?

• HAMP under the Making Home Affordable Program

• National Mortgage Settlement modification

• Specific modification programs for federally guaranteed, or insured, mortgages like FHA, VA, or USDA RD

• Specific Fannie Mae or Freddie Mac options, if applicable

• “In-house” options • Forbearance/repayment

options

If I want to keep my house by

entering into a loan

modification or other

agreement, I should ask

to be considered

for:

• Sale • Short sale • Deed in lieu of

foreclosure You need to be aware of any tax consequences that might result if there is a deficiency remaining when you leave your home.

If I want to leave my

house and avoid a

foreclosure judgment:

5

Page 6: Foreclosure Diversion Program Information Session ... · • Under the court mediation rule, you have 21 days from today to provide documents requested by the mortgage company. •

Can I afford a modified payment ?

• The current target payment for the most widely available modification program is equal to 31% of a borrower’s gross monthly income. This target payment should include principal, interest, property taxes and homeowner’s insurance.

• Gross income is your pay before taxes are taken out. • Calculate the borrower’s gross monthly income and

multiply by 0.31. Is this payment affordable? • You may be able to include non-borrower income from

others living in the home if the borrower’s income alone is too low.

6

Page 7: Foreclosure Diversion Program Information Session ... · • Under the court mediation rule, you have 21 days from today to provide documents requested by the mortgage company. •

What makes up my monthly gross income?

• Gross income is your income before deductions – Employment income before deductions – Self-employment income after business expenses – Benefit income (such as Social Security or a pension)

Food stamps, child support, alimony, and other public benefits might be optional (get some help to determine whether you should include this type of income)

– Rental income – Non-borrower contribution – This is Optional! If you want to use non-borrower income, get help to evaluate whether you should include it. This will depend on your circumstances.

7

Page 8: Foreclosure Diversion Program Information Session ... · • Under the court mediation rule, you have 21 days from today to provide documents requested by the mortgage company. •

What papers do mortgage companies typically need from me?

Completed financial form and other forms provided by mortgage company

Proof of income • Paystubs – at least one month of consecutive stubs that are the most recent • (if self-employed) Profit and loss statement • Benefits statements • (if you have a renter) Most current rental agreements and evidence of rental payments as reflected as

deposits in your bank statements • Bank statements – at least two months most recent and consecutive; all pages from all accounts

Most recent signed federal tax return – all pages and all schedules

Utility bill in borrower’s name showing property address to prove residency

Property tax bill

Homeowner’s insurance bill or other proof of homeowner’s insurance

Letter of explanation (signed and dated) for any document asked for that you cannot provide or to clarify any of the documents provided (examples include: you use a PO Box for mail instead of your property address, you do not file income tax returns, you do not have a bank account) 8

Page 9: Foreclosure Diversion Program Information Session ... · • Under the court mediation rule, you have 21 days from today to provide documents requested by the mortgage company. •

When do I have to provide these documents?

• Under the court mediation rule, you have 21 days from today to provide documents requested by the mortgage company.

• You must provide these documents to the Court and the Plaintiff’s attorney.

• You should use that time to try to get some help putting together the documents and understanding what you should include.

• There’s a lot of important information to learn about options specific to your loan, so you should also use this time to learn what you can.

9

Page 10: Foreclosure Diversion Program Information Session ... · • Under the court mediation rule, you have 21 days from today to provide documents requested by the mortgage company. •

What do I need to know about my loan?

Ask these questions at your mediation today!

• Is my loan owned by Fannie Mae or Freddie Mac? • Fannie Mae lookup: https://www.knowyouroptions.com/loanlookup • Freddie Mac lookup: https://ww3.freddiemac.com/corporate/

• Does my servicer participate in HAMP? • http://www.makinghomeaffordable.gov/get-started/contact-

mortgage/Pages/default.aspx • Do I have a VA loan, FHA loan, or USDA RD (or RHS) loan?

• Check your original loan closing documents if you are unsure • Is my loan owned by the Maine State Housing Authority?

• Check your original loan closing documents and your court paperwork if you are unsure

• Is my loan servicer one of the following: JP Morgan Chase, Wells Fargo, Citi, Bank of America, or Ally/GMAC, and therefore subject to the National Mortgage Settlement?

10

Page 11: Foreclosure Diversion Program Information Session ... · • Under the court mediation rule, you have 21 days from today to provide documents requested by the mortgage company. •

Why do I need this information about my loan?

The answers to these questions matter because they determine which loss mitigation guidelines will apply. The following guidance is the information put out to notify mortgage servicers of how they should be servicing certain types of loans.

• Fannie Mae and Freddie Mac have their own guidelines – even for the HAMP program. Any company servicing a Fannie or Freddie owned loan must evaluate for HAMP eligibility if a homeowner applies. Fannie guidance can be found here: https://www.fanniemae.com/singlefamily/servicing. Freddie guidance can be found here: http://www.freddiemac.com/sell/guide/.

• Loans that are not owned by Fannie or Freddie but are serviced by a company that has signed up for the Making Home Affordable program should be serviced according to the Non-GSE HAMP Handbook. You can find that under the “Programs” tab here: https://www.hmpadmin.com/portal/index.jsp.

• If your loan was originated by the Maine State Housing Authority, that is probably still the entity that owns it, which will affect your options – even if you have been working with a bank that has been servicing the loan since you took it out.

• FHA loans have guidance spelled out in “mortgagee letters” found here: http://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclips/letters/mortgagee.

• USDA Rural Development or Rural Housing guaranteed loans have guidance about options available in a written rule found in the Code of Federal Regulations, 7, part 1980 found here: https://usdalinc.sc.egov.usda.gov/docs/rd/sfh/lossclaim/RD%20Special%20Loan%20Servicing%20Final%20Rule.pdf.

• VA guaranteed loans have guidance about programs written in notices called ‘Circulars” found here: http://www.benefits.va.gov/homeloans/resources_circulars.asp.

• Information about the National Mortgage Settlement can be found at www.nationalmortgagesettlement.com.

11

Page 12: Foreclosure Diversion Program Information Session ... · • Under the court mediation rule, you have 21 days from today to provide documents requested by the mortgage company. •

I’m confused – lawyers, investors, lenders. Who are all these players? • Court mediator – a neutral person

hired by the court; the mediator is not a judge and is not always a lawyer

• Lawyer for plaintiff • Representative from mortgage

company (usually by phone) – this is a representative from the servicer, which can be confusing given that your case can also involve an investor which might be different from your original lender

• Attorney for homeowner if retained • Other interested parties as

determined by mediator 12

Page 13: Foreclosure Diversion Program Information Session ... · • Under the court mediation rule, you have 21 days from today to provide documents requested by the mortgage company. •

What happens at mediation? • The role of the mediator is to

determine if there is some way to bring the two sides together.

• The mediator cannot make any judgments about who is right or wrong and cannot impose sanctions.

• Usually loan modification programs and/or exit strategies are discussed.

• At one of your mediations, an NPV (net present value test) will be run, which can sometimes be used as a tool to discuss options that might work for both sides.

You should use any knowledge you have gained about your loan and applicable programs to participate in the discussion and ask questions!

13

Page 14: Foreclosure Diversion Program Information Session ... · • Under the court mediation rule, you have 21 days from today to provide documents requested by the mortgage company. •

How many mediations will I have?

• Each case will be different. • According to the mediation rule, mediation

should conclude within 90 days after the mediation scheduling order is sent out. This time period does not apply, however, if the court extends the deadline or if the parties agree to extend the deadline.

• There is some talk about a “3 and 9” maximum for mediations, meaning a limit of 3 mediations or 9 months in the mediation process. There are some mediators who try to adhere to this, but there is no set maximum number of mediations that can be held.

• If you believe there needs to be another mediation - even if you have already attended 3 mediations - ask for it.

14

Page 15: Foreclosure Diversion Program Information Session ... · • Under the court mediation rule, you have 21 days from today to provide documents requested by the mortgage company. •

What do I need to know about the Mediator’s Report?

• There is a mediator’s report filed after each mediation.

• The report includes basic information about who was present and what was discussed and agreed to.

• Along with the boxes that are checked, the report usually includes a narrative that outlines any agreements. – You should participate in the discussion

about what will go into this narrative. It needs to include specific details about documents, deadlines, and agreements made.

• The mediator’s report is incredibly important as this is the best way to document any progress, agreements, or deadlines that were made in mediation.

• If there are questions later, a clear mediator’s report can be looked back to for guidance.

How do I take part in what is included in the Mediator’s Report? • Ask that the report set the specific

deadline for you to submit your papers (remember, this should be no sooner than 21 days from today).

• Make sure any agreements, deadlines, and promises made are written into your mediator’s report.

• Ask the mediator to include in the report a complete and specific list of all documents needed.

15

Page 16: Foreclosure Diversion Program Information Session ... · • Under the court mediation rule, you have 21 days from today to provide documents requested by the mortgage company. •

FDP-

05, R

ev. 6

/13

1

FO

RE

CL

OSU

RE

DIV

ER

SIO

N P

RO

GR

AM

M

ED

IAT

OR

’S R

EPO

RT

Med

iatio

n D

ate:

___

____

____

____

____

Med

iatio

n T

ime:

____

__a.

m./p

.m.

Doc

ket N

o. _

____

____

____

____

_

Plai

ntiff

___

____

____

____

____

____

____

____

____

___

v.

Def

enda

nt(s

)___

____

____

____

____

____

____

____

Dat

e of

Fir

st M

edia

tion

Sess

ion:

____

____

____

___

Ses

sion

# _

__

1.

CO

UR

T A

CT

ION

(Che

ck o

ne d

ispo

sitio

n on

ly)

A. F

INA

L R

EPO

RT

1. R

esol

ved,

a. C

ase

settl

ed, p

lain

tiff’

s cou

nsel

to fi

le st

ipul

atio

n of

dis

mis

sal/m

otio

n to

dis

mis

s

on

or b

efor

e __

____

__(d

ate)

. If n

eith

er is

file

d, c

ase

will

be

dism

isse

d w

ith/w

ithou

t (ci

rcle

)

pr

ejud

ice

on__

____

___

(dat

e).

b

. Oth

er: _

____

____

____

____

____

____

____

____

____

____

__

2. U

nres

olve

d by

med

iatio

n,

a.

Ret

urn

to D

ocke

t, Sc

hedu

ling

Ord

er to

issu

e.

b. R

epor

t of N

onco

mpl

ianc

e fil

ed, c

ase

to re

mai

n in

FD

P pe

ndin

g ju

dici

al re

view

.

3.

Non

appe

aran

ce o

f def

enda

nt(s

), Sc

hedu

ling

Ord

er to

issu

e.

B. I

NT

ER

IM R

EPO

RT

1. U

nfin

ishe

d,

a. N

ext m

edia

tion

sche

dule

d: _

____

____

____

____

_ (d

ate)

.

b. M

edia

tion

to b

e re

ques

ted

by _

____

____

____

___

(dat

e), o

r thi

s rep

ort w

ill b

ecom

e

a

Fina

l Rep

ort,

Sche

dulin

g O

rder

to is

sue.

c. R

epor

t of N

onco

mpl

ianc

e fil

ed, m

edia

tion

to b

e sc

hedu

led

afte

r jud

icia

l rev

iew

.

2.

Par

tially

reso

lved

by

tem

pora

ry a

gree

men

t. A

gree

d D

eadl

ine:

____

____

____

____

____

__

If

the

term

s are

met

, and

if th

e te

mpo

rary

agr

eem

ent r

esul

ts in

reso

lutio

n of

this

di

sput

e, p

lain

tiff’

s cou

nsel

will

file

a m

otio

n to

dis

mis

s/st

ipul

atio

n of

dis

mis

sal o

n or

bef

ore

the

Agr

eed

Dea

dlin

e. U

pon

such

filin

g, th

is M

edia

tor’

s Rep

ort w

ill b

ecom

e a

Fina

l Rep

ort.

If

the

term

s are

not

met

, and

/or i

f the

tem

pora

ry a

gree

men

t doe

s not

resu

lt in

re

solu

tion

of th

is d

ispu

te, e

ither

par

ty m

ay re

ques

t fur

ther

med

iatio

n, o

r may

file

a m

otio

n to

te

rmin

ate

med

iatio

n on

or b

efor

e th

e A

gree

d D

eadl

ine.

If t

he c

ourt

orde

rs th

at m

edia

tion

term

inat

e, th

is M

edia

tor’

s Rep

ort w

ill b

ecom

e a

Fina

l Rep

ort,

and

a Sc

hedu

ling

Ord

er w

ill

issu

e.

IF

NEI

THER

PA

RTY

REQ

UES

TS F

UR

THER

MED

IATI

ON

OR

FIL

ES A

M

OTI

ON

/STI

PULA

TIO

N B

Y T

HE

AG

REE

D D

EAD

LIN

E, T

HIS

MED

IATO

R’S

R

EPO

RT

WIL

L B

ECO

ME

A F

INA

L R

EPO

RT,

AN

D T

HE

CA

SE W

ILL

BE

DIS

MIS

SED

W

ITH

OU

T PR

EJU

DIC

E.

3.

Oth

er _

____

____

____

____

____

____

____

____

____

____

____

__

16

Page 17: Foreclosure Diversion Program Information Session ... · • Under the court mediation rule, you have 21 days from today to provide documents requested by the mortgage company. •

FDP-

05, R

ev. 6

/13

2

2.

PA

RT

ICIP

AN

TS

(Pro

vide

full

nam

es)

M

ortg

agee

/ pl

aint

iff /

repr

esen

tativ

e / s

ervi

cer

(cir

cle)

: __

____

____

____

____

____

____

____

___

In

pers

on

B

y te

leph

one/

vide

o

Titl

e: _

____

____

____

____

____

____

____

____

___

Thi

s par

ticip

ant h

ad a

utho

rity

to a

gree

to a

pro

pose

d se

ttlem

ent,

loan

mod

ifica

tion

or d

ism

issa

l

M

ortg

agee

/pla

intif

f’s c

ouns

el:

____

____

____

____

____

____

____

____

M

ortg

agor

/def

enda

nt(s

): _

____

____

____

____

____

____

____

____

____

__

M

ortg

agor

/def

enda

nt’s

cou

nsel

(if r

epre

sent

ed):

___

____

____

____

O

ther

(spe

cify

): __

____

____

____

____

____

____

____

____

____

____

___

3.

PA

RT

Y A

ND

/OR

CO

UN

SEL

AC

TIO

N

P

artie

s ag

ree

that

the

borr

ower

will

sub

mit

docu

men

ts a

ccor

ding

to th

e at

tach

ed F

DP

Doc

umen

t Su

bmis

sion

Wor

kshe

et, w

hich

is

inco

rpor

ated

int

o th

is m

edia

tor’

s re

port.

Len

der

will

rev

iew

the

bo

rrow

er’s

loan

for t

he fo

llow

ing

optio

n(s)

:

O

ther

Act

ions

:

4.

ME

DIA

TIO

N O

UT

CO

ME

(C

heck

one

onl

y)

Fin

al se

ttle

men

t agr

eem

ent r

each

ed d

urin

g m

edia

tion.

T

empo

rary

agr

eem

ent r

each

ed d

urin

g m

edia

tion.

T

empo

rary

agr

eem

ent r

each

ed b

efor

e m

edia

tion.

A

gree

men

t on

som

e is

sues

, but

med

iatio

n di

d no

t res

olve

the

actio

n.

N

o ag

reem

ent o

n an

y is

sues

, med

iatio

n co

nclu

ded.

A

dditi

onal

med

iatio

n ne

eded

aft

er th

e pa

rtie

s file

with

the

cour

t and

exc

hang

e m

ore

info

rmat

ion.

A

dditi

onal

med

iatio

n ne

eded

bec

ause

___

____

____

____

____

____

____

____

__(n

ame)

nee

ds t

o be

incl

uded

in th

e m

edia

tion.

A

dditi

onal

med

iatio

n ne

eded

for

othe

r re

ason

. Sp

ecify

rea

son:

___

____

____

____

____

____

____

___

.

P

lain

tiff /

Def

enda

nt (c

ircl

e) n

eeds

tim

e to

con

side

r pr

opos

ed a

gree

men

t.

M

edia

tion

not h

eld

beca

use

defe

ndan

t(s)

was

not

ow

ner-

occu

pant

.

M

edia

tion

not h

eld

beca

use

plai

ntiff

/ de

fend

ant /

pla

intif

f’s

coun

sel /

def

enda

nt’s

cou

nsel

(ci

rcle

) did

not a

tten

d.

O

ther

, spe

cify

: __

____

____

____

____

____

____

____

____

____

____

____

_ .

17

Page 18: Foreclosure Diversion Program Information Session ... · • Under the court mediation rule, you have 21 days from today to provide documents requested by the mortgage company. •

FDP-

05, R

ev. 6

/13

3

5.

PRO

GR

AM

REP

OR

TIN

G

A.

FDIC

NPV

WO

RK

SHE

ET (C

heck

one

onl

y)

Wor

kshe

et C

ompl

eted

and

Atta

ched

. N

PV O

utco

me:

Pas

s

Not

Pas

s

Wor

kshe

et n

ot c

ompl

eted

bec

ause

:___

____

____

____

____

____

____

____

____

_

B.

CO

MM

UN

ITY

RE

SOU

RC

ES

(Che

ck a

ll th

at a

pply

)

D

efen

dant

atte

nded

info

rmat

iona

l ses

sion

.

Def

enda

nt re

ceiv

ed le

gal c

ouns

elin

g or

ass

ista

nce.

Def

enda

nt re

ceiv

ed a

ssis

tanc

e in

pre

parin

g fo

rms f

or m

edia

tion.

Fro

m a

ttorn

ey o

r leg

al se

rvic

es e

mpl

oyee

.

Fro

m h

ousi

ng c

ouns

elor

.

Fro

m fi

nanc

ial c

ouns

elor

.

C.

AG

RE

EM

EN

T D

ET

AIL

S, IF

APP

LIC

AB

LE

(Che

ck a

ll th

at a

pply

)

L

oan

mod

ifica

tion:

T

empo

rary

mod

ifica

tion

P

erm

anen

t mod

ifica

tion

I

nter

est r

ate

redu

ctio

n

A

RM

to fi

xed

rate

A

mor

tizat

ion

exte

nded

P

rinci

pal r

educ

tion

R

eins

tate

men

t of t

he m

ortg

age

R

epay

men

t/For

bear

ance

pla

n

E

xten

sion

agr

eem

ent

P

rinci

pal F

orbe

aran

ce

W

aive

fees

/pen

altie

s

S

hare

d ap

prec

iatio

n m

ortg

age

(SA

M)

D

eed

in li

eu o

f for

eclo

sure

S

hort

sale

C

ash

for k

eys

O

ther

___

____

____

____

____

____

____

____

____

____

____

____

6.

BR

IEF

NA

RR

AT

IVE

OF

AN

Y A

GR

EE

ME

NT

(S) R

EA

CH

ED

18

Page 19: Foreclosure Diversion Program Information Session ... · • Under the court mediation rule, you have 21 days from today to provide documents requested by the mortgage company. •

FDP-

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ev. 6

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4

ME

DIA

TO

R’S

REP

OR

T

D

OC

KE

T N

O.:_

____

____

____

____

____

____

___

T

IME

ME

DIA

TIO

N C

OM

PLE

TE

D: _

____

____

__

____

____

____

____

____

____

____

____

____

____

__

____

____

____

_ SI

GN

ATU

RE

OF

MED

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19

Page 20: Foreclosure Diversion Program Information Session ... · • Under the court mediation rule, you have 21 days from today to provide documents requested by the mortgage company. •

Why does Good Faith matter? • The foreclosure mediation law

requires all parties to make a good faith effort to mediate all issues.

• If it is determined that one party is not making a good faith effort in mediation, the Court can impose sanctions.

• It’s important to remember that a mediator cannot impose sanctions. For such a determination about good faith to be made, the matter would have to be brought to the attention of a judge.

20

Page 21: Foreclosure Diversion Program Information Session ... · • Under the court mediation rule, you have 21 days from today to provide documents requested by the mortgage company. •

What is a Report of Non-Compliance?

A Report of Non-Compliance is a court form that mediators can complete and file to bring mediation problems to a judge’s attention.

21

Page 22: Foreclosure Diversion Program Information Session ... · • Under the court mediation rule, you have 21 days from today to provide documents requested by the mortgage company. •

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Page 23: Foreclosure Diversion Program Information Session ... · • Under the court mediation rule, you have 21 days from today to provide documents requested by the mortgage company. •

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Page 24: Foreclosure Diversion Program Information Session ... · • Under the court mediation rule, you have 21 days from today to provide documents requested by the mortgage company. •

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Page 25: Foreclosure Diversion Program Information Session ... · • Under the court mediation rule, you have 21 days from today to provide documents requested by the mortgage company. •

What can I do if I believe the mortgage company is not mediating in good faith but my mediator does

not file a report of non-compliance?

• If you believe there are problems in your mediation that need the Court’s attention, you have the right to file papers on your own.

• This type of request is often in the form of a “motion for sanctions”.

• Remember, you must always send a copy of anything you file in court to the attorney for the mortgage company.

25

Page 26: Foreclosure Diversion Program Information Session ... · • Under the court mediation rule, you have 21 days from today to provide documents requested by the mortgage company. •

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Page 27: Foreclosure Diversion Program Information Session ... · • Under the court mediation rule, you have 21 days from today to provide documents requested by the mortgage company. •
Page 28: Foreclosure Diversion Program Information Session ... · • Under the court mediation rule, you have 21 days from today to provide documents requested by the mortgage company. •
Page 29: Foreclosure Diversion Program Information Session ... · • Under the court mediation rule, you have 21 days from today to provide documents requested by the mortgage company. •
Page 30: Foreclosure Diversion Program Information Session ... · • Under the court mediation rule, you have 21 days from today to provide documents requested by the mortgage company. •
Page 31: Foreclosure Diversion Program Information Session ... · • Under the court mediation rule, you have 21 days from today to provide documents requested by the mortgage company. •
Page 32: Foreclosure Diversion Program Information Session ... · • Under the court mediation rule, you have 21 days from today to provide documents requested by the mortgage company. •
Page 33: Foreclosure Diversion Program Information Session ... · • Under the court mediation rule, you have 21 days from today to provide documents requested by the mortgage company. •
Page 34: Foreclosure Diversion Program Information Session ... · • Under the court mediation rule, you have 21 days from today to provide documents requested by the mortgage company. •
Page 35: Foreclosure Diversion Program Information Session ... · • Under the court mediation rule, you have 21 days from today to provide documents requested by the mortgage company. •

What do I do if I cannot attend my scheduled mediation?

• You should make every effort to attend your scheduled mediation.

• If you have a legitimate conflict that cannot be changed, you can request that your mediation date be changed by using the court’s “motion to continue mediation” form.

35

Page 36: Foreclosure Diversion Program Information Session ... · • Under the court mediation rule, you have 21 days from today to provide documents requested by the mortgage company. •

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Page 37: Foreclosure Diversion Program Information Session ... · • Under the court mediation rule, you have 21 days from today to provide documents requested by the mortgage company. •
Page 38: Foreclosure Diversion Program Information Session ... · • Under the court mediation rule, you have 21 days from today to provide documents requested by the mortgage company. •
Page 39: Foreclosure Diversion Program Information Session ... · • Under the court mediation rule, you have 21 days from today to provide documents requested by the mortgage company. •

What happens if I cannot resolve my case at mediation?

• Mediation is one step in the court foreclosure process.

• No foreclosure judgment can be entered against you while you’re in mediation.

• If mediation concludes with no resolution on your case it will return to the regular “foreclosure docket”.

• If judgment enters against you, you have a 90-day redemption period beginning at the time the judgment is entered.

• You have the right to occupy your home during this 90-day period and you have the right to keep your home if you pay off the entire balance of your mortgage loan before the 90 days expires.

Any mediations held after today’s session should be

about furthering or finalizing efforts to resolve the case through alternatives other

than foreclosure. If that cannot be accomplished in

mediation, a final mediator’s report will be

filed and the case will return to the regular “foreclosure

docket.”

39

Page 40: Foreclosure Diversion Program Information Session ... · • Under the court mediation rule, you have 21 days from today to provide documents requested by the mortgage company. •

Where can I get help?

• Legal Aid • HUD-certified

housing counselors • Bureau of

Consumer Credit Protection Foreclosure Hotline

• Private attorneys 40

Page 41: Foreclosure Diversion Program Information Session ... · • Under the court mediation rule, you have 21 days from today to provide documents requested by the mortgage company. •

41

Page 42: Foreclosure Diversion Program Information Session ... · • Under the court mediation rule, you have 21 days from today to provide documents requested by the mortgage company. •

Things to Remember

• Find out as much as you can about your loan and

options. • Don’t ignore the court process. • Beware of fee-based scams. • Make sure you understand the deadline you will be given

to complete financial forms. • Get help from a HUD-certified housing counselor or an

attorney.

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Page 43: Foreclosure Diversion Program Information Session ... · • Under the court mediation rule, you have 21 days from today to provide documents requested by the mortgage company. •

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Page 44: Foreclosure Diversion Program Information Session ... · • Under the court mediation rule, you have 21 days from today to provide documents requested by the mortgage company. •

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Page 45: Foreclosure Diversion Program Information Session ... · • Under the court mediation rule, you have 21 days from today to provide documents requested by the mortgage company. •

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Page 46: Foreclosure Diversion Program Information Session ... · • Under the court mediation rule, you have 21 days from today to provide documents requested by the mortgage company. •

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Page 47: Foreclosure Diversion Program Information Session ... · • Under the court mediation rule, you have 21 days from today to provide documents requested by the mortgage company. •

Que

stio

ns to

Ask

at F

orec

losu

re M

edia

tion

1.

Who

is th

e in

vest

or o

n th

is lo

an?

___

____

____

____

____

____

____

____

2.

Who

ow

ns th

is lo

an?

____

____

____

____

____

____

____

____

_

3.

Who

is m

y cu

rren

t mor

tgag

e se

rvic

er?

____

____

____

____

____

____

____

4.

Do

any

of th

e fo

llow

ing

guar

ante

es a

pply

to m

y lo

an?

FHA

U

SD

A R

D (R

HS

) V

A

5.

D

o I n

eed

to p

rovi

de a

ny o

f the

doc

umen

ts li

sted

her

e?

____

___

RM

A fo

rm

____

___

710

form

__

____

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rm

____

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IRS

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form

W

hich

yea

rs s

houl

d be

list

ed?

____

____

___

Whi

ch a

ddre

ss s

houl

d be

pro

vide

d in

box

5?

____

____

____

____

____

____

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____

____

____

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____

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ost r

ecen

t pay

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s fo

r las

t ___

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days

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rofit

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if s

elf-e

mpl

oyed

__

____

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ost r

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ecur

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war

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tter

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____

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tter

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o m

ost r

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k st

atem

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for m

onth

s of

___

____

____

___

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____

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igne

d fe

dera

l tax

retu

rns

for y

ears

of _

____

___

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____

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ost r

ecen

t pro

perty

tax

bill

__

____

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roof

of h

omeo

wne

r’s in

sura

nce,

suc

h as

insu

ranc

e “d

ecla

ratio

n” p

age

__

____

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ecen

t util

ity b

ill sh

owin

g th

e pr

oper

ty a

ddre

ss

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____

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ther

(des

crib

e)

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____

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____

____

____

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____

____

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____

____

____

____

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_

6.

If th

e m

ortg

age

com

pany

is s

uppo

sed

to p

rovi

de d

ocum

ents

to m

e to

com

plet

e an

d re

turn

, how

and

by

whe

n w

ill th

ey b

e pr

ovid

ed?

Dire

ctly

from

atto

rney

? By

em

ail?

By

regu

lar

mai

l?__

____

____

____

____

____

____

____

___

____

____

____

____

____

____

____

____

_

Dat

e:__

____

____

____

____

____

____

____

___

____

____

____

____

____

____

____

____

_

47

Page 48: Foreclosure Diversion Program Information Session ... · • Under the court mediation rule, you have 21 days from today to provide documents requested by the mortgage company. •

7.

Thes

e do

cum

ents

sho

uld

be p

rovi

ded

to:

1.

Cou

rt 2.

Pl

aint

iff’s

atto

rney

: N

ame:

___

____

____

____

____

_ Ph

one

Num

ber:

____

____

____

____

____

Ad

dres

s:

____

____

____

____

____

____

____

____

____

____

____

____

____

____

____

____

____

____

____

____

____

____

____

____

____

____

____

____

____

____

____

____

8.

Thes

e do

cum

ents

sho

uld

be p

rovi

ded

by: _

____

____

____

____

____

, 201

3

9.

How

and

by

whe

n w

ill th

e ba

nk c

onfir

m re

ceip

t of t

he d

ocum

ents

? N

otic

e fro

m a

ttorn

ey?

By p

hone

or

mai

l?__

____

____

____

____

____

___

____

____

____

____

____

____

____

_

Dat

e:__

____

____

____

____

____

___

____

____

____

____

____

____

____

_

10

. W

hich

loss

miti

gatio

n gu

idel

ines

app

ly to

this

mor

tgag

e?

H

AM

P (M

akin

g H

ome

Affo

rdab

le)

Fann

ie M

ae

Fr

eddi

e M

ac

USD

A R

ural

Dev

elop

men

t

VA

FHA

DO

J Se

ttlem

ent M

odifi

catio

n O

ther

: (de

scrib

e)

11. H

ow a

nd b

y w

hat d

ate

will

the

mor

tgag

e co

mpa

ny n

otify

me

if an

y ad

ditio

nal

docu

men

ts a

re n

eede

d?

Not

ice

from

atto

rney

? By

pho

ne o

r m

ail?

____

____

____

____

____

____

___

____

____

____

____

____

____

___

Dat

e:__

____

____

____

____

____

___

____

____

____

____

____

____

____

_

**O

nce

you

have

the

answ

ers

to th

ese

ques

tions

, ask

that

the

deta

ils b

e ad

ded

to th

e M

edia

tor’s

Rep

ort,

espe

cial

ly re

gard

ing

whi

ch d

ocum

ents

are

requ

ired,

whi

ch g

uide

lines

app

ly,

and

any

dead

lines

and

cha

nnel

s of

com

mun

icat

ion

agre

ed to

.

48