Fannie Mae Mandatory Pre-filing Mediation Policy for Mortgage Loans in Florida

Highlights from Announcement SVC-2010-13

Introduction

Based upon the latest review and the passage of the Florida Supreme Court Administrative Order of December 2009 requiring mediation before a summary judgment or foreclosure sale can be held, Fannie Mae will now require that servicers assign delinquent mortgage loans secured by properties in Florida to an attorney from Fannie Mae’s Retained Attorney Network for mediation prior to the initiation of foreclosure proceedings.

Effective Dates

The policies set forth in this Announcement and the pre-file mediation process posted on eFannieMae.com (Process Requirements), including the accelerated timeline for breach letter and HAMP compliance, will be implemented no later than January 1, 2011. However, for mortgage loans that are newly referred on or after September 15, 2010 by the servicer to the Retained Attorney Network to commence foreclosure proceedings, the attorney must screen the mortgage loan for eligibility for pre-file mediation and, if it is eligible, proceed in accordance with this Announcement and the Process Requirements.

Mediation

The Borrower’s Request for Lender Documentation is provided to the borrower by the Mediation PM. Pursuant to the various circuit court orders, the borrower can request the following documentation:

Documentary evidence that the lender is the owner and holder in due course of the note and mortgage sued upon.

A history showing the application of all payments by the borrower during the life of the mortgage loan (i.e., a loan payment history for the borrower).

− A statement of the servicer’s position on the current net present value of the mortgage loan. If the servicer can calculate net present value in accordance with HAMP methodology for calculating net present value (regardless of whether a borrower is eligible for HAMP), then the servicer shall provide the net present value from this calculation to the borrower. If the servicer cannot calculate net present value in accordance with HAMP methodology (regardless of whether a borrower is eligible for HAMP), the servicer must explain in writing that the net present value calculation requires the borrower’s financial documents and cannot be calculated until the financials have been received. Upon receipt of the borrower’s financial documents, the servicer shall calculate the net present value and send the calculation to the borrower and attorney.

− The most current appraisal of the property available to the servicer. (Note: If an appraisal was required pursuant to the underwriting performed at origination and no other appraisal was subsequently obtained, the servicer shall provide the origination appraisal. The servicer does not need to obtain a new appraisal. If no appraisal was ever obtained, the servicer must explain in writing to the borrower that an appraisal was never obtained.)

The servicer must provide all documents requested by the borrower pursuant to the Borrower’s Request for Lender Documentation to both the borrower and the Fannie Mae-retained attorney within 15 calendar days of receipt of the request from the Mediation PM.

Be sure to read the entire announcement below…

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4closureFraud.org

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Fannie Mae Mandatory Pre-filing Mediation Policy for Mortgage Loans in Florida
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Comments
11 Responses to “Fannie Mae Mandatory Pre-filing Mediation Policy for Mortgage Loans in Florida”
  1. Diana Cessna says:

    Did you see the attorney list for the Retained Attorney Network that these mediations are referred? Some of the paramaters mandated here are great but only as great as the enforcement and compliance to them. Look who that is left up to, some familiar names, very sad. Looks like more bullshit to me!

    Check out the FL Law Firms on Fannie Mae’s retained attorney network. The paramaters outlined in SVC-2010-13 to require servicers to work with homeowners sound admirable but how could that be enforced by the same attorney that has a financial benefit in the loan going to foreclosure and not settled in mediation?

    https://www.efanniemae.com/sf/technology/servinvreport/amn/pdf/retainedattorneylist.pdf
    http://www.efanniemae.com

    Here’s another good part: The servicer shall add the amount paid for all mediation fees charged for a particular borrower’s loan to the outstanding indebtedness of that mortgage loan.

  2. lisamarie says:

    I dont understand. What exactly is different now? Wern’t the lenders suppose to prove standing first anyway??? And whats to stop them from continuing to ‘make’ up standing? I go to the first phase of mediation October the 27th after three years of the bank being unable to locate my mortgage, note or assignments. I’m wondering what rabbit is going to get pulled out of their hat. I will not “mediate” without my note, ect…….

    • indio007 says:

      I have a good way to start mediation. Tell them “before we start mediation you need the original note and a valid assignment. I lieu of that I will accept a double indemnity bond in the form of a certified bankers check”

    • m says:

      wow you’ve been living free with no mortgage payments for 3 years, tough life… you should just be handed the property free and clear and never have to pay a dime for it…I forgot this is just a one way street… the banks and their attorneys are all wrong and no one should have to pay for their houses

      • Wow! An anonymous poster arguing that the law shouldn’t keep those poor banksters from reaping the benefits of their risky and illegal acts.

        I wonder if this shy anonymous poster works for the banksters, don’t you? Hey, maybe this shill is really just a terrorist who hates the American people because of our freedom and belief in requiring everyone to follow the law, not just the commoners. Along those lines, see this video.

        [youtube=http://www.youtube.com/watch?v=G1EXKLVgEx0&fs=1&hl=en_US]

      • M,

        Does this mean anything to you?

        30077

        If so, take you rhetoric elsewhere unless you want to be called out on who you are…

      • lisamarie says:

        No, actually I’ve been living with no sleep, worrying myself into an ulcer and working double shifts in the nursing home (I’m a floor nurse) saving every payment and then some so I can either pay the proper entity (THEE ONE that has my note) or sue the shit out of the pretender who’s putting me through this. You are clueless.

    • Standing is required to invoke any court’s subject matter jurisdiction to issue a judgment in favor of the plaintiff or petitioner.

      If a court does not have subject matter jurisdiction, any judgment in favor of the plaintiff or petitioner is void and can be attacked at any point in time.

      Without the right to payment of a debt, the plaintiff does not have standing to take property pledged as security for the debt.

      As standing is required to properly invoke the court’s subject matter jurisdiction, a party bringing a foreclosure action without actually having the right to collect on the note has not properly invoked the court’s subject matter jurisdiction and any judgment entered in its favor is void.

      The banksters have influenced the legislatures to pass statutes which allow a plaintiff or petitioner to file a foreclosure action claiming that it has the right to sue based on a lost note. However, it still must be a holder in due course, and if it cannot show that it is a holder in due course of the note, then it doesn’t have the right to file suit, it doesn’t have standing, and it doesn’t have the right to invoke the court’s subject matter jurisdiction, and therefore, any judgment entered in its favor can be attacked at any time.

  3. indio007 says:

    Ooohhhh… a new trick to create parole evidence of a debt between 2 parties. I guess The “modification” program wasn’t effective enough. Let try the “mediation” program!

    The foreclosure situation reminds me of this quote

    Property and Plunder

    Man can live and satisfy his wants only by ceaseless labor; by the ceaseless application of his faculties to natural resources. This process is the origin of property.

    But it is also true that a man may live and satisfy his wants by seizing and consuming the products of the labor of others. This process is the origin of plunder.

    Now since man is naturally inclined to avoid pain — and since labor is pain in itself — it follows that men will resort to plunder whenever plunder is easier than work. History shows this quite clearly. And under these conditions, neither religion nor morality can stop it.

  4. leapfrog says:

    Documentary evidence that the lender is the owner and holder in due course. How are they going to prove that? With a little help from Linda Green and her pals at DocX or LPS?

  5. I wonder whether the banksters and their attorneys will comply, don’t you? If they don’t, will the judges make them or will that clog up the courts too much?

    If you want to know why judges and regulators can ignore the law to do favors for self-proclaimed connected attorneys, see Why Does the Government Ignore Our Wishes? at http://dailycensored.com/2009/09/11/why-does-the-government-ignore-our-wishes/ and don’t miss my short speech.

    If you take a look, you’ll learn why banksters, their attorneys, regulators, and judges can get away with violating our rights, abusing their power, stealing homes and committing horrible crimes. My article on torture includes a link to the U.S. Supreme Court case which explains how one of our stolen rights makes the difference between justice and injustice, between freedom and slavery.

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