Government

Foreclosure Mediation Offers Alternative Path to Prevention

Of 12,211 mediations, Collins program has a 50 percent success rate
By: Gray Rohrer | Posted: March 7, 2011 3:55 AM

As federal government foreclosure prevention programs meet with mixed success, a mortgage mediation program is being expanded in Florida to aid troubled homeowners.

The Collins Center for Public Policy, a Tallahassee-based think tank, has been facilitating post-foreclosure filing mediations between lenders and borrowers in six Florida circuit court districts since 2009, but began working on pre-file mediations in January.

The expansion of the program allows the Collins Center to help more homeowners earlier in the process, before they can dig themselves into a larger hole. Unlike federal foreclosure prevention programs, the mediations are lender-initiated and lender-funded.

“From a mediation perspective it’s always better when you have two willing parties,” said Ned Pope, a vice president at the Collins Center and director of the mediation program.

Under the pre-file program, lenders initiate the mediation process by notifying the Collins Center after a homeowner falls two months behind on their mortgage. The Collins Center determines if a borrower is eligible for mediation -- the home must be a homesteaded property and located in the 1st, 10th, 11th, 12th, 14th, or 19th Circuit Court Districts, where the Collins Center operates.

Most successful mediations are concluded by extending the length of the loan or increasing the interest rate in later years, but some have received principal write-downs, Pope said.

“It gives (lenders) the ability to be innovative and to try different things,” Pope said.

Since February 2009, the Collins Center has completed 12,211 mediations in all six judicial circuits. Some 6,608 mediations reached a settlement, 1,293 were settled during the scheduling process. Forty percent of cases that went to mediation were settled. If you count settled prior cases, that number goes up to 50 percent.

Banks and lenders buying into the mediations have aided the Collins Center, but the program was not immune to one of the problems that has hampered government foreclosure prevention programs -- full disclosure and participation from mortgage servicers. Pope says that’s because mediations require lenders to prove who owns the mortgage, a proposition that has proven difficult in the wake of the “robo-signing” controversy.

“That was a big impediment early on. The lending institution has to produce the note at the mediation,” Pope said.

It was discovered in October that many lenders were using foreclosure mills -- law firms that conducted scant review of foreclosure paperwork in an effort to push through as many cases as possible, forging signatures in some instances. Florida Attorney General Pam Bondi’s investigations into four alleged foreclosure mill law firms -- begun by her predecessor, Bill McCollum -- are ongoing.

Now banks, many of which imposed a temporary moratorium on foreclosures in the wake of the scandal, are carefully reviewing their foreclosure documents, creating a possible bottleneck of new foreclosures that are poised to hit a court system in Florida already overrun with foreclosure cases.

That means foreclosure prevention is more crucial than ever, but a federal program is having trouble getting off the ground in Florida.

The Sunshine State has received $1 billion in federal funds as part of the Hardest Hit Fund program designed to give unemployed or underemployed homeowners bridge loans until they get back on their feet. A pilot program launched in Lee County in October was supposed to be a prelude to a statewide rollout of the program in February, but the statewide expansion has been delayed at least one month to get computer systems used in the pilot program in sync for the expansion.

“We also understand there’s a lot of people out there that are waiting for this program and we get that,” said Cecka Green, director of communications for the Florida Housing Finance Corp., the state agency in charge of the program.

In order to qualify for the Hardest Hit program, a homeowner must be unemployed or underemployed, own only one home, and be less than six months past due on their mortgage.


Comments (4)

12:24AM MAR 10TH 2011
Lawyers who falsified deeds in Maryland, and rigged property auctions for a Florida bank are among reasons why resolving foreclosure fraud MUST INCLUDE blatant wrongs that occur in courtrooms nationwide by lawyers who file foreclosure proceedings!

Foreclosure lawyers serve purposes of ensuring that property deeds become RECORDED out of homeowners’ names. ILLEGAL FLIPPING and BLIGHTED NEIGHBORHOOD result from foreclosure fraud. Example: [*What happens when a bank begins to foreclose on a property, then changes its mind? @ http://bit.ly/dUd0zi *Toddler drowned at Foreclosed Home @ http://t.co/SJJrcxg ]

Lenders are NOT always the ones foreclosing on their security interests! There are foreclosures that NEVER became returned to lenders, but were fraudulently “CREDIT BIT” by “Straw Buyers” and judicial insiders.

None other than lawyers who file foreclosure cases, and record deeds (after PURPORTED foreclosures), have capacity to defraud Bankruptcy Courts as well as homeowners by filing FALSE motions to “Lift Automatic Stay” and false “Proof of Claims.”

Due to foreclosure fraud, lenders are filing false IRS forms 1099-A’s in homeowners’ name and social security numbers; and mortgage default insurance proceeds become paid to the first so-called lender that submits a claim –and the game begins again after the homes become flipped to someone new who is expected to default. Thus result from those 1099's for distressed property owners: a tax bill.

Also, in foreclosure fraud, foreclosure lawyers file QUICKLY file fabricated Bankruptcy court pleadings via some lender identity with absolutely NO “standing.” Thereby lawyers defeat Bankruptcy cases they have no business entering; although lack of “standing” give courts NO JURISDICTION, and therefore no authority to preside over sham foreclosure pleadings. *SEE more @ http://chn.ge/eU2zAm
allison
3:26AM MAR 9TH 2011
Supposedly, in Florida, mediation is mandatory in all foreclosure cases... But homeowners aren't being OFFERED mediation. Surprise, surprise. They only get it if they are smart enough to know that they are entitled to it. I had to demand a mediation at a FSJ hearing. So, my mediation was ordered by the court.
Marshall C. Watson's firm scheduled the mediation, and they tried to make ME pay for it! HA! Nice try! The week before the mediation, Waton's office called me to tell me it was cancelled. They were trying to trick me into not showing up! Nice try! I told them that I would need that in writing. So, I got a notice of cancellation in the mail. The mediation never got rescheduled, and my property was sold. A direct violation of a court order...
So I get a notice to appear for a writ of possession, where I again, demanded my mediation, and demanded to know what consequence Watson would face for violating the order. The Judge LAUGHED AT ME, and scheduled another mediation.
So, I get a notice that the mediation would be on 2/22/11 at 2pm. When I got there, the mediator said that the hearing was at 10am, & I missed it. Watson tried again, to trick me into being a no show. Nice try! So, I showed the mediator the letter, & mediation was rescheduled.
At the mediation, I was told that the hearing was confidential, and I couldn't discuss anything that was said, with anyone. Yeah right! Arrest me! At least I'll have food, shelter, and medical care!
So, before I even had a chance to make an offer of negotiation, the lender said that the foreclosure is not negotiable. A loan modification is out of the question... nothing further to discuss. They didn't review my financial worksheet, w2's, credit report, or payment history of the mortgage.
All that time & money wasted on smoke & mirrors... The mediation gets checked, "impasse" and the court won't even ask why... Really? These dushebags are just lucky that I can't get my face on the local news! I would tell it to the world!
allison
3:26AM MAR 9TH 2011
Supposedly, in Florida, mediation is mandatory in all foreclosure cases... But homeowners aren't being OFFERED mediation. Surprise, surprise. They only get it if they are smart enough to know that they are entitled to it. I had to demand a mediation at a FSJ hearing. So, my mediation was ordered by the court.
Marshall C. Watson's firm scheduled the mediation, and they tried to make ME pay for it! HA! Nice try! The week before the mediation, Waton's office called me to tell me it was cancelled. They were trying to trick me into not showing up! Nice try! I told them that I would need that in writing. So, I got a notice of cancellation in the mail. The mediation never got rescheduled, and my property was sold. A direct violation of a court order...
So I get a notice to appear for a writ of possession, where I again, demanded my mediation, and demanded to know what consequence Watson would face for violating the order. The Judge LAUGHED AT ME, and scheduled another mediation.
So, I get a notice that the mediation would be on 2/22/11 at 2pm. When I got there, the mediator said that the hearing was at 10am, & I missed it. Watson tried again, to trick me into being a no show. Nice try! So, I showed the mediator the letter, & mediation was rescheduled.
At the mediation, I was told that the hearing was confidential, and I couldn't discuss anything that was said, with anyone. Yeah right! Arrest me! At least I'll have food, shelter, and medical care!
So, before I even had a chance to make an offer of negotiation, the lender said that the foreclosure is not negotiable. A loan modification is out of the question... nothing further to discuss. They didn't review my financial worksheet, w2's, credit report, or payment history of the mortgage.
All that time & money wasted on smoke & mirrors... The mediation gets checked, "impasse" and the court won't even ask why... Really? These dushebags are just lucky that I can't get my face on the local news! I would tell it to the world!
8:51AM JUN 9TH 2011
In light of the current housing market crisis facing America, the word “foreclosure” represents a very real threat and risk that is breathing down the necks of millions of Americans. It seems there are few people who do not personally know someone who has lost their home, and foreclosure statistics are presently nothing short of alarming. You do not have to be helpless if you are a homeowner struggling to maintain ownership of your home. A number of options are available to you as you explore avenues to avoid having your home being foreclosed on. Loan modification refers to the restructuring of a mortgage so that the monthly payments are lower and easier to cope with. The good things about loan modification are that your new mortgage payment results in a monthly financial commitment that is less burdensome than the pre-modification amount; it involves no fees (attorney and closing fees for instance); the homeowners credit rating is not damaged (unless you stop making your mortgage payment prior to getting the modification); and it can often result in a decrease in the amount of interest that is associated with the loan amount. On the downside, the loan term is typically extended, and a modification cannot be used to increase the size of the loan amount, as in the case of refinancing.