FL Supreme Court Certified as a Circuit Civil, Family, and County Court Mediator and a licenced CPA.
Mediation Number: 19601CRF


How Does Mediation Work in Foreclosure Cases



The Mediator, a neutral individual, works with the parties to a mortgage. The mediation is an effort to resolve the problem with the mortgage by mutual agreement before it reaches court, default judgment or foreclosure sale. The Mediator serves as a discussion leader to help the participants negotiate more effectively, and hopefully, reach an agreement sooner than they could on their own. The Mediator has no authority to make a decision but acts as the facilitator between the parties.

Why Mortgage Problems Should Be Mediated

Many difficulties with mortgages, either before a suit is filed (for example ARM resets or when a homeowner is slightly behind in payments or while a foreclosure case is pending can be resolved through reasonable discussions. An experienced Mediator can help facilitate the parties to find a creative solution that may have been overlooked. Since mortgage lenders do not want to own homes, they are generally willing to talk with borrowers about reasonable practical solutions to bring the mortgage current. Mediation with the chance to talk privately and confidentially with the Mediator have a better chance to reach a resolution than a possible tense or difficult one on one negotiation.

How Pre Foreclosure Mediation is Beneficial

This is a mediation conference that occur before a foreclosure lawsuit is filed in Court. Once a lawsuit is filed, the existence of that litigation is public record and any individual can look at the Court's case files or online records, and learn important information about the parties. Credit reporting services monitor Court records and note the filing of a foreclosure suit as a black mark on an individual's credit rating. Mediating pre foreclosure avoids the existence of a public record, saves everyone the expense of hiring attorneys, and solves the problem (such as being behind on a mortgage) before the passage of time makes it worst.

What If The Homeowner Wants to give up the House and Walk Away

This is an action that that requires a serious decision and should not be taken lightly.
The return of ownership of a mortgaged property to the lender is called "a deed in lieu of foreclosure." The parties to a foreclosure can still mediate about such issues as when the house is to be turned over, when the family has to move out, and what other money obligations can be negotiated as part of the the "deed in lieu of foreclosure."

What Happens if The Parties Cannot Reach a Settlement Agreement

The parties may agree to negotiate further later on the Mediator can schedule a follow-up mediation, or the case could ultimately go forward in Court. There is no penalty or extra cost for using mediation beyond the Mediator's fee.Although each case is different and unique, many of the foreclosure cases we have mediated have been resolved between the parties.

In an attempt to resolve foreclosure proceedings earlier a pre foreclosure mediation is also recommended. This procedure brings both parties together in the mediation process prior to a foreclosure case being filed and is an attempt to resolve the situation prior to additional attorney fees and court costs being incurred by the parties..