Definitions

As used in this Administrative Order:

  1. “Borrower” refers to the individual or individuals the Lender is bringing the foreclosure action against.
  2. “Foreclosure counselor” refers to a counselor trained in advising persons of options available when facing a mortgage foreclosure, who has no criminal history of committing a felony or crime of dishonesty, and who is certified by the United States Department of Housing and Urban Development (HUD) or National Foreclosure Mitigation Counseling Program (NFMC) as a counselor experienced in mortgage delinquencies and default resolution counseling.
  3. “Homestead” refers to residential property for which a homestead real estate tax exemption was granted according to the certified rolls of the last assessment by the county property appraiser prior to the filing of the foreclosure case.
  4. “Lender” or “plaintiff” refers to the entity bringing the foreclosure case.
  5. “Mediator” refers to a Florida Supreme Court-certified civil mediator specially trained to mediate residential mortgage foreclosure cases.
  6. “Non-Program mediation” refers to the Sixth Judicial Circuit’s longstanding civil mediation program.
  7. “Program” or “Program mediation” refers to the Residential Mortgage Foreclosure Mediation Program.
  8. “Program fees” refers to the two-stage payment the Lender must submit directly to the Program Manager for pre-mediation and mediation expenses of the Program.
  9. “Program Manager” refers to Mediation Managers, Inc., which provides Program services under contract with the Sixth Judicial Circuit.
  10. “Qualified pre-suit mediation” refers to mediation conducted prior to the commencement of foreclosure proceedings that (1) was conducted by either the Program or a Florida Supreme Court-certified mediator specially trained to mediate residential foreclosures; (2) included the Borrower’s participation in foreclosure counseling; and (3) included a supervised exchange of Lender and Borrower financial disclosures.
  11. “Submitted” or “transmitted,” unless defined otherwise in a particular provision of this Administrative Order, refer to sending information to the Program Manager or the parties by means of an electronic system.