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In addition to the needed effort to force loan servicers in South Florida to go to mediation with some troubled homeowners before a foreclosure even begins, there is an even more needed commitment on the part of Courts to maintain that servicers adhere to the contractual requirements of Pooling and Servicing Agreements and other documents that govern their behavior and practices. If servicers, and the lenders they represent, cannot prove "chain of title," or standing to foreclose, then all mediation efforts are futile and misleading. Afterall, how can one modify a loan through mediation when one cannot prove its entitlement to do so? Defendant/borrower attorneys should be allowed the right to request certifications, representations, and other proof that the plaintiff/lender has the legal right and authority to mediate and/or foreclose upon defendant/borrower - beyond just merely filing a foreclosure complaint. All issues the defendant/borrower previously and unsuccessfully attempted to disclose and settle with the servicer must now be part of the mediation process; all answers to "qualified written requests" must be answered during mediation; and all documents previously requested must be presented. Absent any of this, mediation is rendered ineffective, and most certainly is unethical and unfair. Neither mediation, nor the mediator, can resolve or reconcile differences that conflict with any conditions precedent to the administration of justice.

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