CALIFORNIA
Opinion in Mabry v. Superior Court, No. 30-2009-003090696 (June 2, 2010) holding, inter alia, that Civil Code § 2923.5 not preempted:
Text of California Civil Code § 2923.5 (90 day delay in foreclosing unless servicer has loan modification program that satisfies standards under statute).
Text of California Civil Code §§ 2923.52-53 (delays filing the first foreclosure notice for 30 days so the lender can confer with the homeowner)
California Department of Corporations information on § 2923.52, includes Servicer Application for Exemption, Borrower FAQ, list of servicers who have been granted exemptions, and implementing regulations
Beneficiary Declaration of Compliance with § 2923.5
CONNECTICUT
H.B. 6351 (amending mediation statute’s procedures regarding concurrent motion practice, documentation, and extending sunset to July 1, 2014)
Conn. House Bill 5270 (Public Act No.10-181, approved June 2010 (current version of Connecticut. foreclosure mediation statute)
Connecticut Foreclosure Mediation Program Judicial Branch statistics (as of June 30, 2010)
Foreclosure Standing Order Federal Loss Mitigation Programs (effective Sept. 1, 2010)
Affidavit: Federal Loss Mitigation Programs
Connecticut Foreclosure Mediation Program Materials, Attorney and Homeowner FAQs
State of Connecticut Notice Regarding Foreclosure Mediation Program (addressing amended provisions)
Connecticut Judiciary Information Brochure
Connecticut Superior Court Uniform Foreclosure Mediation Standing Order
Prior versions of mediation statute:
Public Act No. 08-176: An Act Concerning Responsible Lending and Economic Security
Senate Bill 619, amending 08-176 as to procedures for scheduling mediation
Senate Bill 948, (Act No. 09-209) amending mediation procedures
DISTRICT OF COLUMBIA
D.C. Saving Homes from Foreclosure Act: B19-57 (Feb. 2011), amending D.C. Code § 42-815
Emergency Amendment to D.C. Saving Homes from Foreclosure Act (8/9/2011) B19-419
D.C. Department of Insurance, Securities and Banking
DELAWARE
Administrative order and forms
Text of Superior Court Administrative Directive No. 2009-3 (August 31, 2009)
FLORIDA
Report of Assessment Workgroup for Managed Mediation Program for Residential Foreclosure Cases, Supreme Court of Florida (October 21, 2011) (recommending revamping of existing statewide mandatory mediation system)
Florida Supreme Court: Final Report and Recommendations on Residential Mortgage Foreclosure Cases Admin. Order 09-54, December 28, 2009
Final Report of Florida Supreme Court Task Force on Residential Mortgage Foreclosure Crisis, August 17, 2009
First, Tenth, Eleventh, Twelfth, Fourteenth, and Nineteenth Judicial Circuits administrative orders for foreclosure mediation (programs managed by Collins Center)
Fourth Judicial Circuit: Administrative Order No. 2010-01 (Feb. 25, 2010)
Fifth Judicial Circuit: Administrative Order No. 2010-A-13 (May 28, 2010) and Administrative Order No. 2010-17 Uniform Referral to Mediation and Instructions to Plaintiff’s Counsel (June 21, 2010)
Seventh Judicial Circuit: Administrative Order No. 2010 – 022-SC Mandatory Referral of Homestead Foreclosure Cases to Mediation (July 19, 2010)
Ninth Judicial Circuit: Administrative Order No. 2010-11 (Orange County, July 2, 1010) and Administrative Order No. 2010-12 (Osceola County, July 2, 2010)
Thirteenth Judicial Circuit: Administrative Order No. S- 2010-051 (July 19, 2010)
Sixteenth Judicial Circuit: Administrative Order No. 3.005 (June 29, 2010)
Seventeenth Judicial Circuit: Administrative Order No. 2010-29 (March 25, 2010)
Eighteenth Judicial Circuit Brevard County: Administrative Order No.10-09 B Amended (Oct. 5, 2010)
Brevard County Foreclosure Procedures
Seminole County:Administrative Order No. 09-09-S Amended (Sept. 30, 2009)
Seminole County Mediation Documents
Twentieth Judicial Circuit: Administrative Order No. 1.12 (June 30, 2010)
Circuit Court Foreclosure Mediation Information
Supreme Court of Florida:
Administrative Order establishing a Task Force on Residential Foreclosures, March 9, 2009
Florida Supreme Court Task Force on Residential Foreclosures Interim Report, May 8, 2009
Comments of Housing Umbrella Group and Consumer Umbrella Group of Florida Legal Services, Inc. to Fla. Supreme Court regarding foreclosure procedures, including mediation
HAWAII
S.B. 651 (Act amending Chapter 667 of Hawaii Revised Statutes to create mortgage foreclosure dispute resolution program) (May 2011)
IDAHO
House Bill 331 (approved April 2011) (prior to a non-judicial sale, requires foreclosing entity to record certification of compliance with loss mitigation review protocol; review is unsupervised)
ILLINOIS
Cook County Circuit Court Foreclosure Mediation Information
INDIANA
Senate Enrolled Act. No. 582, amending statewide conference statute (approved May 2011)
Revised settlement conference notice and loss mitigation package (Indiana Housing & Community Dev. Auth.)
2009 Senate Enrolled Act No. 492 (Indiana Code § 32-30-10.5-8)
2010 Enrolled Act No. 1122, amending 2009 Senate Enrolled Act No. 492
KENTUCKY
Jefferson County:
MAINE
LD14818 (14 Maine Rev. Stat. Ann. 6321-A)
Report of (Maine) Judicial Branch on Foreclosure Diversion, June 8, 2009
Maine Supreme Court Foreclosure Diversion Information Page
York County rules for pilot program for foreclosure mediation
MARYLAND
Maryland Commissioner of Financial Regulation Foreclosure Prevention and Mediation Information links
Maryland House Bill 472
Maryland Office of the Commissioner of Financial Regulation
Maryland Governor’s Information Handout
Maryland Department of Labor, Licensing, and Regulation: Emergency Regulations and Foreclosure Mediation Forms
MASSACHUSETTS
Massachusetts Foreclosure Conference law 2010 Bill 258
MICHIGAN
S.B. 398 (Approved July 2011) (extending sunset of conference law to Jan. 5, 2012)
Bill No. 4453: Text and Analysis of Bill as passed by Senate
Bill No. 4454: Text
Bill No. 4455: Text and Analysis as passed by the Senate
NEVADA
A.B. 388 (Approved June 2011) (revisions to notice of mediation election form)
S.B. 307 (approved June 2011) (revisions to notice of mediation election form)
A.B. 209 (approved June 2011) (authorizing use of portion of filing fees to pay for legal services for the indigent)
A.B. 300 (vetoed by Governor June 2011) (would revise procedures and remedies available upon lender’s bad faith participation in mediation, require specific mediator findings, opportunity for borrower to petition for sanctions and judicial review, create presumptions as to when sanctions will be imposed, and require court approval of fees shifting related to mediation)
Opinion: Leyva v. Nat’l Default Servicing Corp., No. 55216, Nevada Supreme Court en banc (July 7, 2011) (enforcing documentation and authorized representative appearance provisions of Nevada Foreclose Mediation statute, directing imposition of appropriate sanctions)
Foreclosure Mediation Community Legal Education Material (training manual developed by Legal Aid Center for Southern Nevada, Wm S. Boyd School of Law, Nevada Fair Housing Center)
Clark County Court’s homeowner petition for judicial intervention upon servicer’s bad faith in mediation
New Hampshire
Text of SB 70
NEW JERSEY
Amendments to state court rules to accommodate foreclosure mediation program
New Jersey Courts’ notice on mediation and bankruptcy
NEW YORK
State of New York Unified Court System: 2010 Report of the Chief Administrator of the Courts on New York Conference Law (November 2010)
New York Real Property Actions and Procedures Law § 1304
Summary of November 2009 amendments affecting foreclosure conferences:
2009 New York Mortgage Fraud Bill
Memo on the 2009 New York Mortgage Fraud Bill
Report: “New York State Unified Court System June 2008 Residential Mortgage Foreclosures: Promoting Early Court Intervention.” by Justice Judith S. Kaye
Summary of 2008 legislation by Kirsten Keefe and Elizabeth Hasper, Empire Justice Center
Residential Mortgage Foreclosure Conference Notice for Suffolk County, New York
South Brooklyn Legal Services Information Sheet and Guide to Foreclosure Settlement Process
“Locked Out” Report on New York Settlement Conferences by Center for New York City Neighborhoods (Oct. 2009)
New York State Unified Court System Residential Foreclosure Settlement Conferences: An Overview for Homeowners
Supreme Court 11th Judicial District (Queens) Foreclosure Conference Rules
NEW MEXICO
First Judicial Circuit (Santa Fe): Administrative Order No. 2009-00001 with forms and related documents
OHIO
Ohio Supreme Court:
Foreclosure Mediation Resources
Cuyahoga County (Cleveland):
Required Forms and General Information
Franklin County (Columbus):
Summit County (Akron)
OREGON
Senate Bill 628 as passed by House June 29, 2009
Enrolled House Bill 3610, Updated 2010 (Amending SB 628)
PENNSYLVANIA
Report: Philadelphia Residential Mortgage Foreclosure Diversion Program: Initial Report and Findings, a Study by the Reinvestment Fund of Philadelphia (June 2011)
Allegheny County (Pittsburgh):
Administrative Order
Court Program Description
Bucks County (suburban Philadelphia): Administrative Order
Butler County: Administrative Order of the Court
Fayette County: Administrative Order
Lackawanna County (Scranton):
Notice of Residential Mortgage Foreclosure Diversionary Program pursuant to Lacka. Co. R.C.P. 205.2(b) and 1143(a) – Form 8
Notice of Residential Mortgage Foreclosure Diversionary Program pursuant to 1034(b) and 1035.2 – Form 11
Northampton County (Bethlehem/Easton): Administrative Order
Philadelphia County
Philadelphia Residential Mortgage Foreclosure Diversion Pilot Program: 2009 materials, including court regulations, current forms, and administrative orders (November 17, 2008)
NCLC Reports Article July/August 2008 Article: Local Foreclosure Moratoriums: The Philadelphia Story
Philadelphia Court: Information page and Forms
Somerset County: Order
Washington Count: Mortgage Foreclosure Diversion Program
RHODE ISLAND
Providence foreclosure diversion program ordinance
Documents – City of Providence: Foreclosure Conciliation Requirements/Duties of Participants/Applying the Ordinance/Model Certificate
Decision in Deutsche Bank National Trust Co. v. City of Providence P.C. No. 10-1240 (Providence Superior Court) – Invalidating in part City of Providence Ordinance
VERMONT
Text of Vermont H 590
Vermont Attorney General Foreclosure Mediation Information site
Vermont Judiciary Foreclosure Mediation Report Form
Vermont Foreclosure Mediation Request Form
WASHINGTON
H.B. 1362 /S.B. 5275 (approved April 2011) (creating statewide foreclosure mediation program administered by state Department of Commerce)
WISCONSIN
Mandatory Mediation Program for Buffalo and Pepin Counties: Program Description
Foreclosure Mediation Application form Buffalo and Pepin County
Dane County (Madison) Foreclosure Mediation Program and Notice Form
MISCELLANEOUS STATE/LOCAL PROGRAMS
Milwaukee Foreclosure Mediation Project (voluntary)
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