|
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.
Top
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.
Top
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.
Top
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
Top
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.
Top
|
