New mandatory foreclosure mediation program to start Thursday
A new mandatory foreclosure mediation program goes into effect in Delaware tomorrow/Thursday. This was established by Attorney General Beau Biden’s office and state lawmakers as part of a legislative package to respond to the foreclosure crisis in the state – and is modeled after other successful programs. Mandatory mediation can help people stay in their homes – which is better for everyone involved. Two open houses will be held in Sussex County on January 31 – from noon to 2pm at the County West Complex on Route 113 in Georgetown and from 6 to 8pm at the GW Carver Education Center on Frankford School Road in Frankford.
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NEWS RELEASE: Attorney General Biden, Legislators, Advocates Mark Launch of New Foreclosure Mediation Program
Wilmington – Attorney General Beau Biden was joined by a bipartisan coalition of legislators and advocates today to mark the launch of Delaware’s mandatory foreclosure mediation program. The program, which becomes operational Thursday, was established last year as part of a legislative package developed by Biden’s office and legislators to respond to the foreclosure crisis in Delaware. It is modeled after successful programs in other states and jurisdictions, including the City of Philadelphia and the state of Connecticut.
“The foreclosure crisis has impacted Delaware families up and down the state,” Attorney General Biden said. “Losing a home to foreclosure can be devastating, and borrowers deserve the opportunity to meet face-to-face with their lender and explore all available alternatives. Mandatory mediation can help people stay in their homes, and that’s better for families, lenders and the community.”
Recent years have seen a record pace of foreclosures in Delaware, with more than 25,000 foreclosure filings since 2007. The state experienced a record-setting year in 2010, with more than 6,400 filings. Biden’s office and legislators produced a package of bills, passed during the last legislative session, that address Delaware’s foreclosure crisis. That legislation strengthened the state’s existing voluntary mediation program in several key ways:
• Mediation is no longer voluntary. When a bank files a foreclosure complaint, the law now requires that lenders and borrowers sit down one-on-one and have a meaningful conversation about a payment plan or other options before a foreclosure can proceed.
• It eliminates the income qualification for homeowners.
• It establishes a filing fee, paid by the lender, to fund the program.
• It extends the time a homeowner has to respond to a foreclosure complaint. Previously, homeowners had 20 days to respond to a foreclosure complaint. Under the new program, the foreclosure process is put on hold when a mediation conference is scheduled, and a lender cannot seek judgment until after the mediation conference takes place.
The mandatory foreclosure mediation program serves Delawareans who own a one- to four-unit home, who reside in the home as their primary residence, and whose mortgage is foreclosed upon on or after January 19, 2012. The program runs through January 2014.
Rep. Helene M. Keeley, D-Wilmington South, noted that several of her constituents are facing foreclosure. She said that the initial voluntary mediation process was a great first step, but requiring that lenders and homeowners sit down to work out an agreement will help more people stay in their homes.
“Losing your biggest investment – your home – is nothing short of catastrophic for a person. By providing this additional step, we are ensuring that more homeowners will have the opportunity to stay in their homes and keep a roof over their heads,” Rep. Keeley said. “We hope that this mortgage mediation program will address the issue of a record number of foreclosures and that in a couple years, when this program sunsets, there will not be a need for it.”
“This process provides a lifeline for many homeowners who are facing the possibility of losing their homes and need to find a solution to possibly keep a roof over their heads,” said Sen. Bethany Hall-Long, D-Middletown. “It’s not only vital for the people facing a foreclosure action, it’s also vital when it comes to maintaining healthy communities and I’m honored to have been a part of this effort.”
“This program will provide a renewed resilience for homeowners faced with the loss of their most prized and personal possession – their home,” said Rep. John A. Kowalko, D-Newark. “There is no way to exaggerate the needs of families who are struggling in these desperate times. Their safety and security are in jeopardy and it is the state’s responsibility to provide resources and expertise so that families can stay in their homes. This process being implemented today is a huge step in the right direction to help them.”
State Representative Mike Ramone, R-Middle Run Valley, a prime House sponsor of the bill establishing the foreclosure mediation program, said, “I am thrilled that we are rolling out this very important program. As I have stated before, the foreclosure process is our new reality, unfortunately. This program is vital to providing those many families faced with the painful prospect of losing their homes with the opportunity of working with a mediator – something they may not normally had the chance to do prior to this bill being enacted last year. Mediation has been a viable option in helping families in other areas. It is my hope that Delawareans in a similar situation will find the help they need with this new program.”
The legislation was also sponsored by House Speaker Rep. Robert F. Gilligan, D-Sherwood Park.
Eligible homeowners will be provided with detailed information about the foreclosure mediation program when a foreclosure is filed against them. Homeowners can learn more about this program by calling the Attorney General’s Mortgage Hotline at 800-220-5424, e-mailing mortgage.mediation@state.de.us, or visiting www.attorneygeneral.delaware.gov/mortgageforeclosure or www.deforeclosurehelp.org.
In a continuing response to the ongoing foreclosure crisis, the Department of Justice will also hold open houses throughout the state in the coming months to answer residents’ questions, introduce new programs and assist in resolutions:
SUSSEX COUNTY
January 31: 12 p.m. – 2 p.m.
Sussex County Administrative Office, Open House
22215 DuPont Blvd, Georgetown DE (next to M& T Bank)
6 p.m. – 8 p.m.
G.W. Carver Education Center
30207 Frankford School Rd., Frankford, DE 19945
WILMINGTON
February 8: 12 p.m. – 1 p.m.
Wilmington City Council Chambers
800 French St., Wilmington, DE 19801
NEW CASTLE COUNTY
February 9: 12 p.m. – 2 p.m. & 6 p.m. – 8 p.m.
Gilliam Community Room, Department of Community Services
77 Reads Way, New Castle, DE 19720
KENT COUNTY
February 21: 5:00 p.m. – 7:30 p.m.
Kent County Public Library
497 S. Red Haven Lane, Dover DE 19901
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I was forced to attend “Mandatory Mediation” in Will Co. IL. and the plaintiff never appear. The meditor marked hin there. I wrote a letter to the cheif judges offices, which apparently no one has ever challaged before, so far they have not contacted me or changed the form. Its a scam and they get paid $150 per mediation. This ponzi scheme has to be running out of air soon.
The state of Washington put something like this together, however you have to admit you owe the debt and screw yourself inorder to be in the program. My sister and brotherinlaw, are being careful to demand affirmation of proof of authority to represent. On all the paperwork. I owed the debt to someone but I need proof it is the party making claims I owe it to. I should not have to make payments to someone I do not owe the alleged debt to. By law due to the fruad at the inception i believe I may not owe this debt at all and it is void. I am in the Appeals court with mine so I did not qualify at all.
Shelley…did you get your recordings? That is where the lien would be recorded if one exists. .You can look up what type of assignment is valid in your state…in my state there are 2 types of assignments that secure a lien…an assignment of beneficial interest and a collateral assignment of beneficial interest….You can print out copies of what they are supposed to look like…Google it….What type of assignment secures a property lien in …….name of your state….
TOTAL WASTE OF TIME
The above is a farce. You cannot have mediation with the SERVER, only with the true note owner. And this
is NOT even addressed in this new farcial program. More moving of the mouth letting out hot air.
When the Judge asked my husband and I if we want to do a loan mediation..I told him we already tried that and i told him my loan mod story and how they told us that we were denied a loan mod at the last minute by the U.S. TREASURY…he seemed shocked at my story..I told the judge as a result of that, I want them to prove to me they own my loan…he agreed.
Doubtful, and tired of the lies, but we will see. In my case I have IndyMac bank who wont even talk about it. You just get agents that you cant understand and they have no authority to make any kind of decisions. If the bank was forced to sit down and mediate it would definitely help my situation. The truth is the banks arnt interested in mediation and when they do mediate they will present a rediculous and greedy resolve, and then they will tell the judge that the home owner wont cooperate. Ivent, I read your posts all the time and the one I liked most was that our homes have already been paid for several times over. The banks made 70 Trillion on our homes. Not to be greedy myself but, I would think that WE own our homes now if thats the case……..
Yes Tee, I agree… these crooks owe the U.S. TAXPAYERS all of the money we lent them for our homes and businesses and trillions more for the fraud they committed with our signatures..this was the biggest swindle and heist of our wealth in history…I liked a post I read by Tim Bryant….why wait until you are in default to sue these crooks for fraud..?….I agree but people who are paying don’t really get how badly we all got screwed….Sue first…ask questions later….imagine if all of the homeowners paying right now who did not re-fi recently decided to sue to quiet title? The truth would be revealed… I read at living lies there is only 8 TRILLION in real estate if they stole back everything……..these crooks owe 700 TRILLION in mortgage derivatives fraud…their derivatives fraud is hidden in their shadow banking system….Audits would reveal they are insolvent on paper..Their debt is massive and can never be repaid no matter how many homes they steal…exponential collateral mortgage fraud ….1.2 quadrillion in total derivatives fraud in their global black pool…their debt is unsustainable and they need to be shut down..clear title to all homeowners..!
Question is, which lender, the pretender lender or who? Original and bonafide lender please stand up and identify yourself!
The true lender is the U.S. TAXPAYER…We lent them the money and they gambled our wealth away and got filthy rich overselling interests in crap that never existed all around the globe…1.2 QUADRILLION IN FRAUD…we took out one mortgage…not hundreds…their debt is unsustainable and there is no fix for the $700 trillion in mortgage fraud they committed…the investors they sold the crap to only invested in the revenue flow, not the properties…but the banksters simply owe too much…that is why the economy is not recovering….stealing from us will accomplish no economic recovery…just bankrupt the people…until the banks are shut down we will continue to decline financially..until one day we will all wake up broke and homeless in the land our fathers conquered. This is Weimar Germany on steroids…sneaky class warfare and they are sneaking in more and more draconian measures as well like ndaa to weaken us…the MSM except for Dylan Ratigan and Judge Napolitano are covering it all up.
The mediation program was a requirement in Florida, but last year it was found ineffective due to just few responses from the defendants. I think it was canceled. Or am I mistaken?
Does it relate to the homesteaded property or any?
It was ineffective and cancelled in Florida.
I am wondering why the homeowners would not use this tool to face the lender/pretender lender and give up to foreclosure?
Proactive approach sure may result in the finding the truth and winning the fight.
Sounds like commie crapola…they tried this in Illinois and I don’t think they are doing this anymore….FOX BUSINESS reporting 800,000 foreclosures last year….400,000 more to come…one guest said principle reductions and debt reduction are needed ……..the anchor is a jerk and said that is NOT FAIR to people who have been responsible……..! AS IF PEOPLE WHO LOST THEIR JOBS OR SMALL BUSINESSES WERE IRRESPONSIBLE!!!!!!!! I hope he gets canned by FOX….and never finds another job…when I get that arrogant weasels name I will post it here! I dont like to see anyone lose their job but that bastard deserves it!
Most middle class oeople are just one job loss or illness away from all of us…that dirty bastard probably doesn’t even have a mortgage…The media gets paid well to lie to all of us!