FAQ for Foreclosure Cases filed before July 1, 2010
- Is a pre-July 1, 2010 foreclosure case allowed into the Mediation Foreclosure Program of Mediation Managers, Inc.?
Yes, although not automatically referred to the program, some residential foreclosure cases are allowed into the program.
- May residential homestead property foreclosure cases filed before July 1, 2010 be part of the Mediation Managers, Inc. (MMI) foreclosure mediation Program in the Sixth Judicial Circuit?
Yes, if they meet certain criteria and file a motion asking for inclusion and a court order is entered putting the case into the provisions Sections II and III of AO 2010-25 PA/PI-Cir. Form E from the Administrative Order is the form used for this purpose and you will have to have a hearing asking the court to refer the case to MMI.
- What are the costs and who will pay for the mediation management provided by Mediation Managers, Inc. (MMI) for cases that were not automatically referred to the program but come to the program by way of Motion and Court Order?
MMI will keep the same payment amounts and parameters in place as for the automatically referred cases. $750.00 total and the Lenders pay the entire amount in two payments; $400.00 at the time of referral and $350.00 ten (10) days after setting the Mediation Session date. However, MMI will accept the total $750.00 in one payment if the lender prefers. Unless the Order referring a case to MMI states otherwise, the costs associated with MMI are set out in Section II and Section III of AO 2010-25 PAS/PI-Cir. In particular the AO states,
"F. Program Fees
...3. If a case initially determined to be ineligible for the Foreclosure Program is later referred to the Foreclosure Program by the Court, the Foreclosure Program Manager may not charge any additional fee beyond the total Program fee of $750..."
- How does a pending residential foreclosure case, filed prior to July1, 2010, become a part of the Foreclosure Mediation Program?
Ask the Judge in your pending case to refer you into the program, use the form set out above or at a hearing request inclusion and then get an Order from the Court referring the case to the Foreclosure Mediation Program. This assumes the case meets the requirements of Form E.
- What if my pre-July 1, 2010 case does not fit the requirements of Form E can I still participate in Foreclosure Mediation?
It is uncertain and a matter left to the discretion of the Judge in your case. But, you will have to file a Motion for participating in a circuit civil mediation and obtain an order of referral to Mediation. It may come to MMI or go to the long standing Circuit Civil Meditation Program of the 6th Circuit.
- A Borrower or his attorney has filed a Motion to Participate In the Foreclosure Mediation Program (Form E) what happens next?
If you as a Plaintiff are agreeing to the Motion then an Order will be needed by MMI for you to participate and the minimum payment $400.00. After receipt of the order the Plaintiff is to upload a Form A to the platform and the case will proceed through the program per AO2010-25 PA/PI-Cir. If you are objecting to the Motion then proceed according to the Rules of Civil Procedure and if it turns out there is an Order of Referral to MMI then the Plaintiff is to upload a Form A to the platform and the case will proceed through the program per AO2010-25PA/PI-Cir.