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Just Court ADR

The blog of Resolution Systems Institute

Posts Tagged ‘settlement’

Using Foreclosure Settlement Funds for Effective Mortgage Dispute Resolution

Heather Scheiwe Kulp, May 21st, 2012

The settlement was huge. Five major banks signed an agreement with 49 Attorneys General after the AGs instigated an investigation into the foreclosure crisis and the banks’ involvement in it. The result: an unprecedented $25 billion is flowing into states over the next three years to repair the damage the foreclosure crisis has caused to infrastructure, lending and homes. The settlement agreement earmarks $2.66 billion of this money for foreclosure prevention efforts, which could include increased housing counseling availability and more robust dispute resolution programs.

So where is the money going? (more…)

Foreclosure Mediation, Saving Homes, and Appropriate Dispute Resolution

Heather Scheiwe Kulp, February 23rd, 2012

As someone who reports on foreclosure mediation around the country, I am thankful for the work of the Department of Justice and the National Consumer Law Center, which have both published extensive reports on the benefits of foreclosure mediation in recent weeks. The DOJ’s report is a follow-up on an Access to Justice Initiative conference RSI attended last year, which focused on how foreclosure mediation programs can be evaluated for their effectiveness. The NCLC report is the work of Geoff Walsh, a consumer lawyer who focuses on the foreclosure crisis and how consumers benefit from mediation programs that address foreclosures and provide a mechanism for servicer accountability. Walsh also helpfully demonstrates (on pages 33-41) how foreclosure mediation does not have to cost states too much and does not have to extend the foreclosure timeline.

While I agree with most of the assessment these reports provide, I’d like to highlight a couple of points – based on RSI’s experience and expertise in the court ADR field – with which I disagree.  (more…)