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Foreclosure Mediation Program
Attorney Frequently Asked Questions
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¿ Qué es el Programa de Mediación en casos de Ejecución Hipotecaria ?
- What is the Foreclosure Mediation Program?
- What foreclosure cases qualify for the Foreclosure Mediation Program?
- Is participation in the Foreclosure Mediation Program mandatory?
- What forms are required for the Foreclosure Mediation Program?
- How would the homeowner become aware of the Foreclosure Mediation Program?
- What happens if the Notice, the Certificate and Appearance forms are not served on the homeowner with the writ, summons and complaint?
- Does participation in the Foreclosure Mediation Program stay the foreclosure action?
- How long is the mediation period?
- When will the first mediation session be held?
- What issues will be addressed at the mediation?
- Do I need to have my client present at the mediation session?
- Who may I contact if I have questions?
1. What is the Foreclosure Mediation Program?
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. 2. What foreclosure cases qualify for the Foreclosure Mediation Program?
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 Foreclosure Mediation Program mandatory?
Participation in mediation is mandatory for all eligible foreclosure cases where the homeowner/borrower has filed an appearance. 4. What forms are required for the Foreclosure Mediation Program?
The forms prescribed by the Chief Court Administrator are the Foreclosure Mediation Notice to Homeowner (JD-CV-94), the Foreclosure Mediation Certificate (JD-CV-108) and the Appearance form (JD-CL-12). These forms are available at each Judicial District Clerk’s office, Court Service Centers or online at Webforms. 5. How would the homeowner become aware of the Foreclosure Mediation Program?
The mortgagee must give notice to the mortgagor of the Foreclosure Mediation Program by attaching to the front of the foreclosure writ, summons and complaint a copy of the Foreclosure Mediation Notice to Homeowner (JD-CV-94) and a Foreclosure Mediation Certificate (JD-CV-108). The mortgagee must also attach an Appearance form (JD-CL-12). 6. What happens if the Notice, the Certificate and the Appearance forms are not served on the homeowner with the writ, summons and 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 Certificate form to the court. 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 commences when the court sends notice scheduling the first mediation session. It must 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 thirty (30) days, or shorten the mediation period. 9. When will the first mediation session be held?
The first mediation session must be held no later than fifteen (15) business days after the court sends notice to all parties scheduling the first mediation session. 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
The mortgagor and the mortgagee must appear in person at each mediation session and must 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 Nancy McGann at 860-263-2734 ext. 3067, or email her at Nancy.McGann@jud.ct.gov.