Over the holidays, I visited a relative who works at a major retail store. I wanted to purchase a long, warm winter coat to ward off the cold Chicago wind. With a smirk, she led me to what was, only a few weeks before, the coat section. It was filled with swim suits.
While I’m not ready to exchange my mittens for a beach blanket quite yet, I am thinking fondly about the upcoming spring activities in the ADR world. Specifically, I’m excited to hear (more…)
The Florida Supreme Court issued an order Monday, December 19, 2011, terminating the mandatory mediation program it created in 2009 as an emergency measure to deal with the foreclosure flood in Florida. While individual circuits can create localized mediation programs or refer foreclosures cases to mediation on a case-by-case basis, and some programs commit to remaining active, the statewide program will receive no new referrals as of yesterday.
Without commenting on whether this is a good or a not-so-good move, (more…)
The foreclosure crisis is real, and it is not dissipating anytime soon. So why would a borrower advocate undermine a process meant to facilitate resolutions?
State and local governments seek creative ways to resolve the crisis. Some have looked to mediation and its rich history of providing a forum to disputing parties – including parties to foreclosures – to discuss alternatives to litigation. Courts (in judicial foreclosure states) and other government entities (in non-judicial foreclosure states) have created mediation programs to encourage borrowers and servicers to talk face-to-face about options other than foreclosure. These options include loan modifications as well as graceful exits.
Now, a court case in Nevada (Wells Fargo v. Renslow) challenging the constitutionality of Nevada’s non-judicial Foreclosure Mediation Program threatens to dismantle 30 years of good work mediators and mediation developers have done. And it’s not because Wells Fargo claims that the Program violates the U.S. Constitution’s contracts clause. (more…)
Foreclosure mediation and mitigation programs began appearing in local, state, and national contexts in response to the foreclosure crisis. As the crisis persists, more states have adopted or are looking to adopt such programs as a way to ensure borrowers (more…)
