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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. Foreclosure mediation certificate forms will not
be accepted on or after July 1, 2010.
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.
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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
http://www.jud2.ct.gov/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.
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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 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.
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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
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11.
Do I need to have my client present at the mediation session?
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 Roberta Palmer at 860-263-2734, or email her at
Roberta.Palmer@jud.ct.gov.
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