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Foreclosure Mediation Program Homeowner FAQs | Home

Attorney Frequently Asked Questions  
 

  1. What is the Foreclosure Mediation Program (FMP)?

  2. What Foreclosure cases qualify for the FMP?

  3. Is participation in the FMP mandatory?

  4. What forms are required for the FMP?

  5. How would the homeowner become aware of the FMP?

  6. What happens if the Notice and the Request Form are not served on the homeowner with the complaint?

  7. Does participation in the Foreclosure Mediation Program stay the foreclosure action?

  8. How long is the Mediation Period?

  9. When will the first mediation session be held?

  10. What issues will be addressed at the mediation?

  11. Do I need to have my client present at the mediation session?

  12. Who may I contact if I have questions?

 


1. What is the Foreclosure Mediation Program?
Pursuant to P.A. 08-176 the Chief Court Administrator has established the Foreclosure Mediation Program to assist lenders and homeowners achieve a mutually agreeable resolution of a mortgage foreclosure action through the mediation process. No mediation request forms will be accepted on or after July 1, 2010.

2. What Foreclosure cases qualify for the FMP?
The Foreclosure Mediation Program applies to mortgage foreclosure actions that have a return date on or after July 1, 2008. The mortgage foreclosure must be filed against homeowners of one- to- four family, owner-occupied residential property located in the state of Connecticut. The property must be the primary residence of the homeowner.

3. Is participation in the FMP mandatory?
Participation is mandatory for any counsel representing the mortgagee upon the filing of a Foreclosure Mediation Request form by the mortgagor.

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4. What forms are required for the FMP?
The forms prescribed by the Chief Court Administrator are the Foreclosure Mediation Notice to Homeowner (JD-CV-94) and the Foreclosure Mediation Request (JD-CV-93). These forms are available at each Judicial District clerk’s office, Court Service Centers or online at www.jud.ct.gov.

5. How would the homeowner become aware of the FMP?
The mortgagee shall give notice to the mortgagor of the Foreclosure Mediation Program by attaching to the front of the foreclosure complaint a copy of the Foreclosure Mediation Notice to Homeowner form (JD-CV-94) and a Foreclosure Mediation Request form (JD-CV-93).

6. What happens if the Notice and the Request Form are not served on the homeowner with the complaint?
The court may issue an order that no judgment may enter for fifteen (15) days during which period the homeowner may submit a Foreclosure Mediation Request form to the court.

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7. Does participation in the Foreclosure Mediation Program stay the foreclosure action?
Participation in the Foreclosure Mediation Program does not suspend the mortgagor’s obligation to respond to the foreclosure action in accordance with applicable rules of the court. However, no judgment of foreclosure may be entered until the mediation period has expired or otherwise terminated, as provided in the statute.

8. How long is the mediation period?
The mediation period shall commence when the court sends notice that a Foreclosure Mediation Request form has been submitted by the homeowner. It shall conclude not more than sixty (60) days after the return date for the foreclosure action, except that the court may extend the mediation period by not more than ten (10) days, or shorten the mediation period.

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9. When will the first mediation session be held?
The first mediation session shall be held no later than ten (10) business days after the court sends notice to all parties that a Foreclosure Mediation Request form has been submitted to the court.

10. What issues will be addressed at the mediation?
The Foreclosure Mediation will address all issues including, but not limited to:

  • Reinstatement of the mortgage
  • Restructuring of the mortgage debt
  • Assignment of law days
  • Assignment of sale date
  • Foreclosure by decree of sale

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11. Do I need to have my client present at the mediation session?
The mortgagor and the mortgagee shall appear in person at each mediation session and shall have authority to agree to a proposed settlement. However, if the mortgagee is represented by counsel, said counsel may appear in lieu of the mortgagee to represent the mortgagee’s interests at the mediation, provided such counsel has the authority to agree to a proposed settlement and the mortgagee is available during the mediation session by telephone or electronic means. If the mortgagor is represented, both client and counsel must be present.

12. Who may I contact if I have questions?
If you have questions about the Foreclosure Mediation Program, please contact Roberta Palmer at 860-263-2734, or email her at Roberta.Palmer@jud.ct.gov.

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