123ArticleOnline Logo
Welcome to 123ArticleOnline.com!
ALL >> Legal >> View Article

How Does The Foreclosure Mediation Program Work?

Profile Picture
By Author: Samuel D. Bornstein
Total Articles: 6
Comment this article
Facebook ShareTwitter ShareGoogle+ ShareTwitter Share

The State of New Jersey recently enacted a residential mortgage Foreclosure Mediation Program (FMP). The Program is a joint effort instituted by the judiciary, the Office of the Attorney General, the Public Advocate, the Department of Banking and Insurance, the New Jersey Housing and Mortgage finance Agency and Legal Services of New Jersey.

Lenders are required to service information and instructions about the program to homeowners at the time the summons and complaint for foreclosure is served. A second notice describing a mediation program is mailed to the homeowner 60 days thereafter by the Administrative Office of the Courts. Still further, the lender must serve a notice of mediation attached to the request for the entry of judgment.

Homeowners have access to housing counselors, attorneys and court-trained mediators in an effort to resolve foreclosure actions by proposing work-out and payment arrangements that accommodate the circumstances of the borrowers and the lenders.

In a recent case, U.S. Bank National Association v. Williams, A-6185-08T2, ...
... the Appellate Division reviewed whether the FMP entitled a homeowner to extend the redemption period following sale of the home. The homeowner alleged that he mediated a workout of the mortgage loan, but was denied an effective means of utilizing the program because he was not represented by an attorney and was not assisted by a housing counselor during mediation sessions.

YOU BE THE JUDGE: Can a homeowner extend the redemption period following the sale of a home in foreclosure if he participates in mediation without an attorney?

The Appellate Division noted that the FMP was designed to aid the increasing number of owners facing foreclosure. When a court has entered the foreclosure judgment and the writ of execution is issued, a homeowner may still request mediation by filing a motion to stay the sale.

The ultimate factor is affordability. The likelihood of achieving a loan workout is crucial. Before mediation, a homeowner must submit designated worksheets and a workout proposal with financial documentation showing proof of income and a tax return. In this case, the homeowner had not paid his mortgage loan for two years and his financial disclosures showed an income shortfall after payment of his monthly expenses. He did not demonstrate an ability to pay the loan, even if modified. There was no evidence that the homeowner was unfairly treated in mediation.

The decision points out that a courtroom can bring justice and may be the only way to protect your rights. Our Firm knows courtrooms; we have harnessed the power of the law in courtrooms to bring justice for our clients for decades in West Orange, Kinnelon, Butler, Jersey City, Lakewood, Lyndhurst, Maywood, Maplewood, Hackensack, Saddle River, Alpine, Freehold, Guttenberg, Pequannock and throughout Bergen County, Morris County, Passaic County, Essex County and Hudson County. Please contact us to discuss how we can help you protect your rights in a new lawsuit or provide a Asecond opinion@ about your pending lawsuit. There is no obligation for the initial consultation. Copyright Samuel D. Bornstein, P.A. 2008-2010.

The New Jersey Law Firm and its attorneys are dedicated to client-driven results and protecting individual rights and business interests. For 40 years, the Law Firm has been recognized for sound legal judgment, immigration laws, real estate cases, litigation, contracts and advocacy in serving the transactional needs of both individual and business clients. If you need assistance with business or corporate formation and operations, or you seek legal advice about insurance defense, arbitrations, wrongful termination, environmental issues, bankruptcy, insurance, civil rights and other litigation alternatives, the Law Firm has the comprehensive experience, foresight, skills and talent to assist you to safeguard your assets, interest and investments. The New Jersey Law Firm's highly devoted, motivated, experienced, skilled lawyers/attorneys and effective legal professionals are always there to assist you.


About The Author:

Author, Samuel D. Bornstein, is associated with the law firm (and has 40 years of experience in representing individuals and a wide variety of businesses from Fortune 100 companies that need specialized assistance to smaller companies that look to the firm as their "in house" lawyer for general day-to-day advice. The firm is experienced with transactional work and litigation, emphasizing corporate and partnership operations, employment.

Total Views: 195Word Count: 695See All articles From Author

Add Comment

Legal Articles

1. Holiday Drunk Driving Puts Motorcyclists At Serious Risk
Author: Peter Coles

2. Mastering Certificate Attestation And Dependent Visas In The Uae
Author: Prime Global

3. ثبت تغییرات در شرکت سهامی خاص| مراحل، هزینه‌ها و نکات مهم
Author: حسن تیربخش

4. The Ultimate 2025 Guide To Mofa Attestation In The Uae: Quick, Efficient, And Reliable
Author: Prime Global

5. Residential Property Conveyancing For First-time Buyers: What You Need To Know
Author: VK Lawyers

6. Divorce Lawyer In Nepal
Author: Ram Bahadur Mijar

7. Complete Guide To School Document Attestation For The Uae: 2025 Procedures
Author: Prime Global

8. The 2025 Strategic Roadmap To Academic Recognition: Navigating The Uae Ministry Of Education Equivalency Process
Author: Prime Global

9. Navigating Commercial Document Attestation In The Abu Dhabi, Uae: A Comprehensive Guide For Businesses
Author: Prime Global

10. Pedestrian Accident Lawyer In Chamblee, Ga
Author: Pedestrian Accident Lawyer in Chamblee

11. Closing Attorneys Provide Essential Legal Guidance That Protects Buyers
Author: Closing Attorney Atlanta

12. An Atlanta Probate Attorney Serves As Both Advocate And Mediator
Author: Probate Attorney Atlanta

13. How To File A Wrongful Dismissal Claim In Ontario
Author: Taman Singh Law

14. Choose The Amazing And Valuable Dispute Resolution Bahrain
Author: Newton Legal Group

15. How Trade Lawyers In China Help Global Companies?
Author: Shanghai Ganus Law Firm

Login To Account
Login Email:
Password:
Forgot Password?
New User?
Sign Up Newsletter
Email Address: