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Talk first, file foreclosure later, or never


Government-owned mortgage giants Fannie Mae and Freddie Mac are considering whether to force loan servicers in South Florida to go to mediation with some troubled homeowners before a foreclosure even begins.

The initiative would be a major new step in the process for those borrowers who cannot make their mortgage payments in Broward and Palm Beach Counties. The new procedure has recently begun in Miami-Dade for some loans.

“The writing is on the wall that foreclosures aren’t going anywhere,” said foreclosure defense attorney Roy Oppenheim. “If they are willing to engage in meaningful alternative dispute resolution, that’s good news.”

Currently, borrowers complain that they can’t get their banks to talk to them in many cases or they get caught in a maze when trying to modify their mortgages. Most mediations only happen after a foreclosure case is filed. Borrowers can ask their lenders to go to mediation in Broward before the foreclosure process begins, but there’s no requirement that they do so.

Once a foreclosure case is filed, Florida courts since last July have forced all lenders and borrowers to go to mediation for homesteaded properties.

These mediations have so far resulted in few property owners reaching an agreement with their lenders.

A major obstacle, mediators say, has been finding borrowers and getting them to participate.

Ned Pope, director of the program at The Collins Center for Public Policy, which runs the mortgage mediation program in Miami-Dade, said he is looking for better results with the pre-filing mediation program – begun last month by Fannie Mae in Miami-Dade only. It would start the mediation process quickly, about two months after a borrower stops paying the mortgage.

That jump start is a “game changer,” he said. “By the time (a foreclosure case) gets to the courts, it is eight or nine or 10 months down the road,” Pope said. The new procedure kicks in just 65 days after the loan is delinquent. “If we reach more borrowers, that will allow us to reach more settlements,” Pope said.

Fannie Mae said it was requiring all of its loan servicers to participate in the pre-filing mediation program – for homesteaded properties -- in judicial circuits like Miami-Dade where The Collins Center, a statewide public not-for-profit group, handles mediations.

A spokeswoman for the mortgage giant said it is “assessing” taking the program to other judicial circuits, including Broward and Palm Beach.

“Fannie Mae’s primary goal is to help struggling borrowers avoid foreclosure by reaching out to them early in the delinquency phase and providing information on retention and other foreclosure alternatives,” said Fannie Mae spokeswoman Janis Smith.

Brad German, a spokesman for Freddie Mac, said Monday it is considering a similar program in which attorneys handling Freddie Mac loans would begin mediation before a legal case is filed. The program is being considered for “high intensity” foreclosure areas, including South Florida, he said.

Categories: Foreclosure Crisis (84)
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The reporters on these stories are stopping far short of the criminal conduct in these foreclosures. I don't know why, but if I was an investigative reporter, I would be, you know, INVESTIGATING. When there is an unbroken chain of collusion,deception,unlawful practice in any business activity,then that activity is prime ground for RICO lawsuits against all involved. Here we have faulty loan origination>forgery of loan apps by mortgage brokers>fraudulent appraisals>illegal closing fees>failure to record IRS mandated securitization documents>illegal loan servicing practices>illegal process of service>undocumented,junk fees on default judgements>robosigning>forged atty signatures-ALL ACROSS THE U.S-if this isn't RICO material,then I don't know what is-get with it! NOW! TODAY!


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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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Really outstanding post and very helpful. I appreciate your article and specially ideas or suggestion that you provided are excellent. These are very helpful for organize your home. Extremely thanks for post this informative article.Foreclosure is the legal process by which a mortgagee, or other lien holder, usually a lender, obtains a termination of a mortgagor's equitable right of redemption, either by court order or by operation of law Usually a lender obtains a security interest from a borrower who mortgages or pledges an asset like a house to secure the loan. If the borrower defaults and the lender tries to repossess the property, courts of equity can grant the borrower the equitable right of redemption if the borrower repays the debt. While this equitable right exists, it is a cloud on title and the lender cannot be sure that it can successfully repossess the property.


Foreclosures are ridiculous in Palm Coast, you can't go anywhere without seeing a foreclosed home. The sad thing is, sometimes even when the house is foreclosed, the bank still let's the people stay in the house, sometimes months on end!

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About the author
You've got the job of managing your money. No one in school taught you how. But you and I, we can teach each other, how to handle it, how to save for retirement, how to make money last, how to educate the kids, how to make a budget work. The conversations I have with my readers are fun. Money's important, but discussing it does not have to be boring.

Harriet Johnson Brackey Harriet Johnson Brackey, the personal finance columnist for the Sun Sentinel, is an award-winning business reporter. Her columns for 2008 were named "The Best in the Business," a national award chosen by her colleagues at the Society of American Business Editors and Writers.

Brackey has worked at Business Week magazine and at USA TODAY, where she was a founder and part of the original staff of the Money section at the country's first national newspaper. After nearly 11 years there - spent covering the 1980s bull market, the insider trading scandals, the 1987 crash - Brackey left Washington, D.C., and came to The Miami Herald. She spent the next decade writing a column about personal finance that chronicled the stock market's Internet boom and bust, as well as the popular Money Makeover features.

Brackey also has done commentaries for Marketplace Money, which airs on National Public Radio and The Nightly Business Report which is broadcast on more than 250 PBS television stations nationwide. She also has been a radio guest on WLRN’s Miami Herald News.
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