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Just Court ADR

The blog of Resolution Systems Institute

Posts Tagged ‘Massachusetts’

Foreclosure Mediation Upheld against Constitutional Challenge

Just Court ADR, August 23rd, 2012

For the second time in as many years, a foreclosure mediation program has faced a constitutional challenge. This time, the 153,000-person city of Springfield, Massachusetts, will be allowed to move forward with a foreclosure mediation program for residents.

The first was a constitutional challenge from Wells Fargo against the Nevada Supreme Court Foreclosure Mediation Program. Wells Fargo claims the mediation program itself violates the due process clause. More specifically, Wells Fargo claims a provision that allows sanctions for non-compliance, violated the U.S. constitution. Nevada’s mediation program allows judges to issue sanctions if the lender does not participate in good faith. Sanctions may include an ordered write-down of the mortgage. Wells Fargo says this violates the contracts clause and the takings clause by interfering with a contract provision and appropriating private real and personal property for public use without compensation. The court (more…)

How the Feds Might Fund Mediation

Just Court ADR, March 21st, 2011

As state politicians argue over budget cuts, innovative programs are often the first to go. Mediation is no exception.

Santa Barbara’s 30-year-old landlord-tenant mediation program was threatened when the City Council couldn’t figure out how to fund (more…)

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