Help for Sellers Facing Foreclosure
A Foreclosure Mediation Program was created in response to the surge in foreclosures (many homeowners are struggling with their mortgage rates adjusting upward) and the recognition by Judicial, Legislative and Executive Branch officials that there needed to be a way to improve the way foreclosure cases were processed. Our legislature passed Public Act 08-176, An Act Concerning Responsible Lending and Economic Security, which was signed into law in June 2008 by Governor Rell and went into effect July 1, 2008. Under the Act, the Chief Court Administrator was required to create a foreclosure mediation program by July 1, 2008. The goal of CT's Foreclosure Mediation Program is simple - try to keep the homeowners in their homes. The program is the first unified and mandated program in the United States and requires borrowers and their lenders to meet face-to-face so they can negotiate an agreement.
A Foreclosure Mediation Program was created in response to the surge in foreclosures (many homeowners are struggling with their mortgage rates adjusting upward) and the recognition by Judicial, Legislative and Executive Branch officials that there needed to be a way to improve the way foreclosure cases were processed. Our legislature passed Public Act 08-176, An Act Concerning Responsible Lending and Economic Security, which was signed into law in June 2008 by Governor Rell and went into effect July 1, 2008. Under the Act, the Chief Court Administrator was required to create a foreclosure mediation program by July 1, 2008. The goal of CT's Foreclosure Mediation Program is simple - try to keep the homeowners in their homes. The program is the first unified and mandated program in the United States and requires borrowers and their lenders to meet face-to-face so they can negotiate an agreement.
Here are the numbers. The program went into effect July 1, 2008, and as of October 31, 2008, 680 cases have completed mediation with the following results:
361 owners (53%) stayed in their homes, and of those, 270 (40%) had their loans modified, 24 (3%) were reinstated, and 67 (10%) entered into a forbearance plan;
116 owners (17%) moved out of their homes because of a short sale, a deed in lieu of foreclosure or a foreclosure sale date; and
203 cases (30%) were not settled; and
when you combine the "staying in home" and the "moving from home" categories, there's a settlement rate of 70%.
361 owners (53%) stayed in their homes, and of those, 270 (40%) had their loans modified, 24 (3%) were reinstated, and 67 (10%) entered into a forbearance plan;
116 owners (17%) moved out of their homes because of a short sale, a deed in lieu of foreclosure or a foreclosure sale date; and
203 cases (30%) were not settled; and
when you combine the "staying in home" and the "moving from home" categories, there's a settlement rate of 70%.
The mediation sessions are held at courthouses throughout the state and the mediators are Judicial Branch employees trained in foreclosure law and mediation. An owner/seller does not need an attorney to participate and everyone who signed the mortgage must attend. This program is a winner all around. The homeowner/borrowers facing foreclosure may get to stay in their homes by negotiating new loan terms with their lender's representative, the lender ends up with a performing loan and is repaid under new or modified terms, and the number of foreclosure cases coming before the court is drastically reduced.
*information obtained from The Connecticut Association of Realtors
1 comment:
Hopefully some people who were able to use this mediation, may now be able to use the refi overed by Fanni or Freddie under the federal program.
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