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133 verbatim mandatory provisions from AO 2011-67 Residential Mortgage Foreclosure Mediation Program.
First Judicial Circuit. Check the order's own effective and rescission dates before relying on it. Procedural information only; not legal advice.
Verbatim from the order's own text layer, harvested 2026-07-24; whitespace normalised only. No OCR was used. Only sentences containing mandatory language (shall, must, may not, no later than, within N) are reproduced — the full document is in custody and is the controlling text. • Guidance Concerning Managed Mediation Programs for Residential Mortgage Foreclosure Cases, AOSC10-57 (Nov. 5, 2010), effective December 19, 2011; and Whereas, the First Judicial Circuit has the most successful mandatory mediation of homestead mortgage actions under the aforementioned Supreme Court ordered program established pursuant to First Circuit Administrative Order 2010-01 (Feb. 26, 2010) which required mediation prior to the matter being set for final hearing facilitates the laudable goals of communication, facilitation, problem-solving between the parties with the emphasis on self-determination, the parties’ needs and interests, procedural flexibility, full disclosure, fairness, and confidentiality. • This Administrative Order shall apply to all residential mortgage foreclosure actions filed in the First Judicial Circuit in which the origination of the note and mortgage sued upon was subject to the provisions of the federal Truth in Lending Act, Regulation Z.1 However, compliance with this Administrative Order varies depending on whether the property secured by the mortgage is a homestead residence. • Upon the effective date of this Administrative Order, all newly filed mortgage foreclosure actions filed against a homestead residence shall be referred to the RMFM Program unless the plaintiff and borrower agree in 1 Condominium association and homeowner’s association fee foreclosures and mechanics lien and construction lien foreclosures are not included in the RMFM Program. -- 4 of 97 -- writing otherwise or unless pre-suit mediation was conducted in accordance to paragraph 23. • The parties to the foreclosure action shall comply with the conditions and requirements imposed by this Administrative Order. • In actions to foreclose a mortgage on a homestead residence, the plaintiff and borrower shall attend at least one mediation session, unless the plaintiff and borrower agree in writing not to participate in the RMFM Program or the Program Manager files a notice of borrower nonparticipation. • Upon the effective date of this Administrative Order, all newly filed residential mortgage foreclosure actions involving property that is not a homestead residence shall comply with the requirements of filing a Form A as required by paragraph 5 below and the requirements of paragraph 18 below (plaintiff’s certification as to settlement authority). • At the discretion of the presiding judge, compliance with this Administrative Order may also be required for homestead residential mortgage foreclosure actions filed prior to the effective date of this Administrative Order, to residences which are not homestead residences, and any other residential foreclosure action the presiding judge deems appropriate. • A party requesting that the case be sent to mediation with the RMFM Program at the discretion of the presiding judge shall make the request in format of Exhibit 3 attached. 2. • Mediators used in the RMFM Program shall be trained in accordance with the standards stated in Exhibit 13 attached. • Mediation through the RMFM Program shall be conducted in accordance with Florida Rules of Civil Procedure and Florida Rules for Certified and Court-Appointed Mediators. -- 5 of 97 -- 3. • The parties must comply with this Administrative Order and the mediation process must be completed before the plaintiff applies for default judgment, a summary judgment hearing, or a final hearing in an action to foreclose a mortgage on a homestead residence unless a notice of nonparticipation is filed by the Program Manager. 4. • After the effective date of this Administrative Order, in all actions to foreclose a mortgage on residential property the clerk of court shall attach to the summons to be served on each defendant a notice regarding managed mediation for homestead residences in the format of Exhibit 2 attached. • When suit is filed, counsel for the plaintiff must file a completed Form A with the clerk of court. • If the property is a homestead residence, all certifications in Form A must be filled out completely. • Within one business day after Form A is filed with the clerk of court, counsel for plaintiff shall also transmit in the electronic format approved by the Chief Judge a copy of Form A to the Program Manager along with the case number of the action and contact information for all of the parties. • The contact information must include at a minimum the last known mailing address and phone number for each party. • The Program Manager shall notify plaintiff’s counsel of any incomplete or seemingly inaccurate information and plaintiff’s counsel shall provide correct information promptly. • In Form A, plaintiff’s counsel must affirmatively certify whether the origination of the note and mortgage sued upon was subject to the provisions of the federal Truth in Lending Act, Regulation Z. • In Form A, plaintiff’s counsel must also affirmatively certify whether the property is a homestead residence. • Plaintiff’s counsel is not permitted to respond to the certification with “unknown,” “unsure,” “not applicable,” or similar nonresponsive statements. -- 6 of 97 -- If the property is a homestead residence and if the case is not exempted from participation in the RMFM Program because of pre-suit mediation conducted in accordance with paragraph 23 below, plaintiff’s counsel shall further certify in Form A the identity of the plaintiff’s representative who will appear at mediation. • At least one of the plaintiff’s representatives designated in Form A must attend any mediation session scheduled pursuant to this Administrative Order. • Form A may be amended to change the designated plaintiff’s representative, and the amended Form A must be filed with the court no later than five days prior to the mediation session. • All amended Forms A must be electronically transmitted to the Program Manager via a secure dedicated e-mail address or on the web-enabled information platform described in paragraph 8 no later than one business day after being filed with the clerk of court. 6. • Upon the Program Manager receiving a copy of Form A, the Program Manager shall begin efforts to contact the borrower to explain the RMFM Program to the borrower and the requirements that the borrower must comply with to obtain a mediation. • The Program Manager shall also ascertain whether the borrower wants to participate in the RMFM Program. • The borrower must do the following prior to mediation being scheduled: meet with an approved mortgage foreclosure counselor, and provide to the Program Manager the information required by the Borrower’s Financial Disclosure for Mediation. • The borrower must meet in person or by telephone with an approved mortgage foreclosure counselor no later than 30 days after the borrower is initially in contact with the Program Manager. • If the borrower fails to timely schedule a meeting with a foreclosure counselor, such failure shall be grounds for the Program Manager to file a notice of nonparticipation as provided in paragraph 9 below. • It shall be the responsibility of the Program Manager to transmit the Borrower’s Financial Disclosure for Mediation to plaintiff’s counsel and the plaintiff’s representative designated in Form A via a secure dedicated e-mail address or to upload same to the web-enabled information platform described in paragraph 8. • If the information is uploaded, the Program Manager shall notify plaintiff’s counsel and the plaintiff’s representative that the borrower’s financial disclosure for mediation is available. • The transmission of the Borrower’s Financial Disclosure for Mediation to plaintiff’s counsel and the plaintiff’s representative shall occur no later than 60 days after the Program Manager receives the electronic transmission of Form A from plaintiff’s counsel. 7. • Within the time limit stated below, prior to attending mediation the borrower may request any of the following information and documents from the plaintiff: • The borrower must deliver a written request for such information to the Program Manager in the format of Exhibit 6 attached no later than 25 days prior to the mediation session. • The Program Manager shall promptly electronically transmit the request for information to plaintiff’s counsel. • Plaintiff’s counsel is responsible for ensuring that the Plaintiff’s Disclosure for Mediation is electronically transmitted via a secure dedicated e-mail address or to the web-enabled information platform described in paragraph 8 below no later than three (3) business days before the mediation session. -- 8 of 97 -- The Program Manager shall promptly deliver a copy of Plaintiff’s Disclosure for Mediation to the borrower. 8. • All information to be provided to the Program Manager to advance the mediation process, such as Form A, Borrower’s Financial Disclosure for Mediation, Plaintiff’s Disclosure for Mediation, as well as the case number of the action and contact information for the parties, shall be submitted electronically in a format approved by the Chief Judge via a secure dedicated e-mail address or in a web-enabled information platform with XML data elements. 9. • The Program Manager shall have 30 days after electronically receiving contact information for the borrower (as required by paragraph 5 above) to contact the borrower. • If the borrower does not want participate in the RMFM Program, or if the borrower fails or refuses to cooperate with the Program Manager, or if the Program Manager is unable to contact the borrower, the Program Manager shall file a notice of nonparticipation in the format of Exhibit 4 attached. • The notice of nonparticipation shall be filed no later than 10 days after the borrower advises that he or she does not want to participate in the program, or fails to cooperate with requirements of this Administrative Order. • If the Program Manager is unable to contact the borrower within 30 days after electronically receiving contact information for the borrower, the notice of nonparticipation shall be filed within 40 days after the borrower contact information is electronically received by the Program Manager. • A copy of the notice of nonparticipation shall be served on the parties by the Program Manager. 10. • The Program Manager shall be responsible for referring the borrower to a foreclosure counselor prior to scheduling mediation. • Selection from a list of foreclosure counselors certified by the United States Department of Housing and Urban Development shall be by rotation or by such other procedures as may be adopted by administrative order of the chief judge in the circuit in which the action is pending. • The borrower’s failure to participate in foreclosure counseling shall be cause for terminating the case from the RMFM Program. -- 9 of 97 -- 11. • In actions referred to the RMFM Program, the Program Manager shall advise any borrower who is not represented by an attorney that the borrower has a right to consult with an attorney at any time during the mediation process and the right to bring an attorney to the mediation session. • The Program Manager shall also advise the borrower that the borrower may apply for a volunteer pro bono attorney in programs run by lawyer referral, legal services, and legal aid programs as may exist within the circuit. • If the borrower applies to one of those agencies and is coupled with a legal services attorney or a volunteer pro bono attorney, the attorney shall file a notice of appearance with the clerk of the court and provide a copy to the attorney for the plaintiff and the Program Manager. • The appearance may be limited to representation only to assist the borrower with mediation but, if a borrower secures the services of an attorney, counsel of record must attend the mediation. 12. • No earlier than 60 days and no later than 90 days after suit is filed, the Program Manager shall schedule a mediation session. • The mediation session shall be scheduled for a date and time convenient to the plaintiff’s representative, the borrower, and counsel for the plaintiff and the borrower, using a mediator from the panel of Florida Supreme Court certified circuit civil mediators who have been specially trained to mediate residential mortgage foreclosure disputes. • Mediation shall be completed within the time requirements established by rule 1.710(a), Florida Rules of Civil Procedure. • Mediation shall not be scheduled until the borrower has had an opportunity to meet with an approved foreclosure counselor and the Borrower’s Financial Disclosure for Mediation has been transmitted to the plaintiff via a secure dedicated e-mail address or uploaded to the web-enabled information platform described in paragraph 8. • Mediation shall not be scheduled earlier than 30 days after the Borrower’s Financial Disclosure for Mediation has been transmitted to the plaintiff. -- 10 of 97 -- Once the date, time, and place of the mediation session have been scheduled by the Program Manager, the Program Manager shall promptly file with the clerk of court and serve on all parties a notice of the mediation session. 13. • The following persons are required to be physically present at the mediation session: a plaintiff’s representative designated in the most recently filed Form A; plaintiff’s counsel; the borrower; and the borrower’s counsel of record, if any. • However, the plaintiff’s representative may appear at mediation through the use of communication equipment, if plaintiff files and serves at least five (5) days prior to the mediation a notice in the format of Exhibit 7 attached advising that the plaintiff’s representative will be attending through the use of communication equipment and designating the person who has full authority to sign any settlement agreement reached. • At the time that the mediation is scheduled to physically commence, the Program Manager shall enter the mediation room prior to the commencement of the mediation conference and, prior to any discussion of the case in the presence of the mediator, take a written roll. • If the Program Manager determines that anyone is not present, that party shall be reported by the Program Manager as a non-appearance by that party on the written roll. • If the Program Manager determines that the plaintiff’s representative present does not have full authority to settle, the Program Manager shall report that the plaintiff’s representative did not appear on the written roll as a representative with full settlement authority as required by this Administrative Order. • Additional reasons for authorizing appearance through the use of communication equipment for mortgage foreclosure mediation include a number of protective factors that do not exist in other civil cases, namely the administration of the program by a program manager, pre-mediation counseling for the borrower, and required disclosure of information prior to mediation. • The implementation of this Administrative Order shall not create any expectation that appearance through the use of communication equipment will be authorized in other civil cases. • If the plaintiff’s representative attends mediation through the use of communication equipment, the person authorized by the plaintiff to sign a settlement agreement must be physically present at mediation. • If the plaintiff’s representative attends mediation through the use of communication equipment, the plaintiff’s representative must remain on the communication equipment at all times during the entire mediation session. • If the plaintiff’s representative attends through the use of communication equipment, and if the mediation results in an impasse, within five (5) days after the mediation session, the plaintiff’s representative shall file in the court file a certification in the format of Exhibit 8 attached as to whether the plaintiff’s representative attended mediation. • If the mediation results in an impasse after the appearance of the plaintiff’s representative through the use of communication equipment, the failure to timely file the certification regarding attendance through the use of communication equipment shall be grounds to impose sanctions against the plaintiff, including requiring the physical appearance of the plaintiff’s representative at a second mediation, taxation of the costs of a second mediation to the plaintiff, or dismissal of the action. • If either the plaintiff’s representative designated in the most recently filed Form A or the borrower fails to appear at a properly noticed mediation and the mediation does not occur, or when a mediation results in an impasse, the report of the mediator shall notify the presiding judge regarding who appeared at mediation without making further comment as to the reasons for an impasse. • If a partial or final agreement is reached, it shall be reduced to writing and signed by the parties and their counsel, if any. • Pursuant to rule 1.730(b), Florida Rules of Civil Procedure, if a partial or full settlement agreement is reached, the mediator shall report the existence of the signed or transcribed agreement to the court without comment within 10 days after completion of the mediation. • If the parties do not reach an agreement as to any matter as a result of mediation, the mediator shall report the lack of an agreement to the court without comment or recommendation. • In the case of an impasse, the report shall advise the court who attended the mediation, and a copy of Form A or any amended Form A shall be attached to the report for the court to determine if at least one of the plaintiff’s representative named in Form A appeared for mediation. • The mediator’s report to the court shall be in the format of Exhibit 9 attached. -- 13 of 97 -- 16. • All mediation communications occurring as a result of this Administrative Order, including information provided to the Program Manager that is not filed with the court, shall be confidential and inadmissible in any subsequent legal proceeding pursuant to Chapter 44, Florida Statutes, the Florida Rules of Civil Procedure, and the Florida Rules for Certified and Court-Appointed Mediators, unless otherwise provided for by law. 17. • In cases involving a homestead residence, the presiding judge shall require that copies of either 1) the most recently filed Form A and the report of the mediator, or 2) the most recently filed Form A and the notice of borrower’s nonparticipation be sent to the presiding judge by the plaintiff or plaintiff’s counsel prior to setting a final hearing or delivered with the packet requesting a summary or default final judgment. • Unless otherwise ordered by the court, a certificate of compliance in the format of Exhibit 12 attached shall be filed with a motion for default final judgment, a motion for summary judgment, or a notice for trial. • A copy of the certificate of compliance must accompany the submission of any proposed order for a default final judgment, summary judgment, or final judgment of foreclosure. • If the plaintiff certifies in Form A that the property is NOT a homestead residence when suit is filed, plaintiff’s counsel must file and serve with the complaint a certification identifying the agent of plaintiff who has full authority to settle the case without further consultation. • The certification shall be in the form of Exhibit 10 attached. -- 14 of 97 -- If the plaintiff certifies in Form A that the property is NOT a homestead residence, the matter may proceed to a final hearing, summary judgment, or default final judgment in accordance with the rules of civil procedure without any further requirement to attend mediation, unless otherwise ordered by the presiding judge. • Accordingly, pursuant to rule 1.720(g), Florida Rules of Civil Procedure, the reasonable program fees for the managed mediation, including foreclosure counseling, the mediator’s fee, and administration of the managed mediation program, is a total of $750.00 payable as follows: 1) $400.00 paid by plaintiff at the time suit is filed for administrative fees ($275.00) of the RMFM Program, including outreach to the borrower and foreclosure counseling fees ($125.00); and 2) $350.00 paid by plaintiff within 10 days after notice of the mediation conference is filed for the mediation fee component of the RMFM Program fees If more than one mediation session is needed, the total program fee stated above will also cover a second mediation session. • However, if an additional mediation session is needed after the second session, the plaintiff shall be responsible for the payment of the program fees for such additional mediation sessions, unless the parties agree otherwise. • The program fees for the third and each subsequent mediation session shall be $350.00 per session. • If the borrower cannot be located, chooses not to participate in the RMFM Program, or if the borrower does not make any contact with the foreclosure counselor, the plaintiff shall be entitled to a refund of the portion of the Program fees attributable to foreclosure counseling. • If mediation is scheduled and the borrower announces an intention not to participate further in the RMFM Program prior to the mediation session, or if the case settles and the Program Manager has notice of the settlement at least five (5) days prior to the mediation session, the plaintiff shall be entitled to a refund of the Program fees allocated for the mediation session. • If notice of settlement is not received by the Program Manager at least five (5) days prior to the scheduled mediation session, the plaintiff shall not be entitled to any refund of mediation fees. • The Program Manager shall be responsible for monitoring whether Form A has been filed in all residential foreclosure actions that commence after the effective date of this Administrative Order and whether the RMFM Program fees have been paid if the residence is a homestead residence. • The Program Manager shall send compliance reports to the chief judge or the chief judge’s designee in the format and with the frequency required by the chief judge. • The Program Manager shall also provide the chief judge with periodic reports as to whether plaintiffs and borrowers are satisfied with the RMFM Program. • The Program Manager shall also provide the chief judge with reports with statistical information about the status of cases in the RMFM Program and RMFM Program finances in the format and with the frequency required by the chief judge. • The Program Manager shall provide to the Clerk of the Courts all original compliance reports, together with the activity report; all original mediator’s reports; and any original motions submitted to the Program Manager. 4. • Any plaintiff who has filed five (5) or more foreclosure actions in the First Judicial Circuit while this Administrative Order is in effect shall appoint two RMFM Program liaisons, one of whom shall be a lawyer and the other a representative of the entity servicing the plaintiff’s mortgages, if any, and, if none, a representative of the plaintiff. • Plaintiff’s counsel shall provide written notice of the name, phone number (including extension), email, and mailing address of both liaisons to the chief judge and the Program Manager within 30 days after the -- 16 of 97 -- effective date of this Administrative Order, and on the first Monday of each February thereafter while this Administrative Order is in effect. • The liaisons shall be informed of the requirements of this Administrative Order and shall be capable of answering questions concerning the administrative status of pending cases and the party’s internal procedures relating to the processing of foreclosure cases, and be readily accessible to discuss administrative and logistical issues affecting the progress of the plaintiff’s cases through the RMFM Program. • Plaintiff’s counsel shall promptly inform the chief judge and Program Manager of any changes in designation of the liaisons and the contact information of the liaisons. • The liaisons shall act as the court’s point of contact in the event the plaintiff fails to comply with this Administrative Order on multiple occasions and there is a need to communicate with the plaintiff concerning administrative matters of mutual interest. • The Program Manager shall post on its website the list of Florida Supreme Court certified mediators it will use to implement the RMFM Program and will state in writing the criteria, subject to approval by the chief judge, the program will use in selecting mediators. • The Program Manager shall also state in writing the procedure, subject to the approval by the chief judge, the program will use to rotate the appointment of mediators, and maintain a list as to which mediation site(s) in the First Circuit the mediators designate their willingness to mediate. • The RMFM Program shall encourage the use of mediators who have been trained to mediate mortgage foreclosure cases, reflecting the diversity of the community in which it operates. • Assignment of mediators shall be on a rotation basis that fairly spreads work throughout the pool of mediators working in the RMFM Program, unless the parties mutually agree on a specific mediator or the case requires a particular skill on the part of the mediator. • Mediators who are on the list of approved mediators maintained by the Program Manager on the date this Administrative Order is signed may continue to mediate cases referred to the RMFM Program, however, such mediators shall not continue working in the RMFM Program if they have not -- 17 of 97 -- completed the training requirements imposed by paragraph 2 above within 90 days after the effective date of this Administrative Order. • Lenders are encouraged to enter into the mediation process with their borrowers prior to filing foreclosure actions in the First Judicial Circuit to reduce the costs to the parties for maintaining the litigation and to reduce to the greatest extent possible the stress on the limited resources of the courts caused by the large numbers of such actions being filed across the state and, in particular, in the First Judicial Circuit. • If the parties participated in pre-suit mediation using the RMFM Program or participated in any other pre-suit mediation program having procedures substantially complying with the requirements of this Administrative Order, including provisions authorizing the exchange of information, foreclosure counseling, and requiring use of Florida Supreme Court certified circuit civil mediators specially trained to mediate residential mortgage foreclosure actions, the plaintiff shall so certify in Form A, in which case the plaintiff and borrower shall not be required to participate in mediation again unless ordered to do so by the presiding judge. • Nothing in this paragraph precludes the presiding judge from sending the case to mediation after suit is filed, even if pre-suit mediation resulted in an impasse or there was a breach of the pre-suit mediation agreement. -- 18 of 97 -- This Administrative Order shall be recorded by the clerk of the court in each county of the First Judicial Circuit continuing the First Judicial Circuit Residential Mortgage Foreclosure Mediation Program for ninety (90) days from December 19, 2011. • A “homestead residence” means a residential property for which a homestead real estate tax exemption was granted according to the certified rolls of the last assessment by the county property appraiser prior to the filing of the suit to foreclose the mortgage. • Certificate of Plaintiff’s Counsel Regarding Pre-Suit Mediation The following certification ____ DOES or ____DOES NOT apply to this case: -- 24 of 97 -- THE UNDERSIGNED, as counsel of record for plaintiff and as an officer of the court, certifies that prior to filing suit a plaintiff’s representative with full settlement authority attended and participated in mediation with the borrower, conducted by the Collins Center For Public Policy, Inc., and the mediation resulted in an impasse or a pre-suit settlement agreement was reached but the settlement agreement has been breached. • The undersigned further certifies that prior to mediation the borrower received services from a HUD or NFMC approved foreclosure counselor, Borrower’s Financial Disclosure for Mediation was provided, and Plaintiff’s Disclosure for Mediation was provided. -- 25 of 97 -- Certificate of Plaintiff’s Counsel Regarding Plaintiff’s Representative at Mediation THE UNDERSIGNED, as counsel of record for plaintiff and as an officer of the court, certifies the following is a list of the persons, one of whom will represent the plaintiff in mediation with full authority to modify the existing loan and mortgage and to settle the foreclosure case, and with authority to sign a settlement agreement on behalf of the plaintiff (list name, address, phone number, facsimile number, and email address): • The mediator will not be allowed to give you legal advice or to give you an opinion about the lawsuit. • To participate in mediation, as soon as practical, you must contact the Collins Center For Public Policy, Inc. by calling 877-352-2004 between 9:00 a.m. and 5:00 p.m., (Eastern Time) Monday through Friday. • To participate in mediation, you must also provide financial information to the mediator and meet with an approved foreclosure counselor prior to mediation. • You will not be charged any additional amount for meeting with a foreclosure counselor. • If you have attended mediation arranged by Collins Center prior to being served with this lawsuit, and if mediation did not result in a settlement, you may file a motion asking the court to send the case to mediation again if your financial circumstances have changed since the first mediation. -- 29 of 97 -- AS STATED IN THE SUMMONS SERVED ON YOU, YOU OR YOUR LAWYER MUST FILE WITH THE COURT A WRITTEN RESPONSE TO THE COMPLAINT TO FORECLOSE THE MORTGAGE WITHIN 20 DAYS AFTER YOU WERE SERVED. • YOU MUST TIMELY FILE A WRITTEN RESPONSE TO THE COMPLAINT EVEN IF YOU DECIDE TO PARTICIPATE IN MEDIATION. [Signature of Chief Judge] CHIEF JUDGE, First Judicial Circuit -- 30 of 97 -- EXHIBIT 3 BORROWER’S REQUEST TO PARTICIPATE IN RMFM PROGRAM -- 31 of 97 -- IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT IN AND FOR ______________ COUNTY, FLORIDA Plaintiff(s), vs. • NOTICE OF BORROWER NONPARTICIPATION WITH RMFM PROGRAM [Name of Program Manager] hereby gives notice to the court that _________________, (Borrower) will not be participating in the RMFM Program because: The RMFM Program has been unable to contact Borrower; Borrower has advised that [he/she] does not wish to participate in mediation for this case; Borrower has failed or refuses to meet with a foreclosure counselor; Borrower has failed or refuses to comply with the Borrower’s Financial Disclosure for Mediation; ? Borrower did not appear at scheduled mediation. • The law provides that a lender or servicer may not discriminate either on the basis of this information, or on whether you choose to furnish it. • If you do not furnish ethnicity, race, or sex, the lender or servicer is required to note the information on the basis of visual observation or surname if you have made this request for a loan modification in person. • (Provide any further explanation of the hardship making it difficult for you to pay on your mortgage.) -- 48 of 97 -- EXHIBIT 5B BORROWER’S FINANCIAL DISCLOSURE FOR MEDIATION (SHORT SALE) -- 49 of 97 -- In addition to the FANNIE MAE HARDSHIP FORM 1021 in Exhibit 5A above, the following information must be uploaded into the web-enabled IT platform on behalf of the borrower: • Signed purchase contract for the homestead residence Listing agreement for sale of the homestead residence Preliminary HUD-1 Written permission from the borrower authorizing the plaintiff or any agent of the plaintiff to speak with the real estate agent about the borrower’s loan Borrowers should be reminded that the sale MUST be an arm’s length transaction, and the property cannot be sold to anyone with close personal or business ties to the borrower. -- 50 of 97 -- EXHIBIT 5C BORROWER’S FINANCIAL DISCLOSURE FOR MEDIATION (DEED IN LIEU OF FORECLOSURE) -- 51 of 97 -- In addition to the FANNIE MAE HARDSHIP FORM 1021 in Exhibit 5A above, the following information must be uploaded into the web-enabled IT platform on behalf of the borrower: • IT IS ORDERED that Plaintiff shall appear before the court at the [designation of courthouse/courtroom] on [date] at [time] to show cause why sanctions for noncompliance the Administrative Order 2010-01 should not be imposed. • Form A ___ Within 10 days from the date of this order, Plaintiff shall file and electronically submit Form A to the Program Manager using the approved web-based information platform. • Payment of RMFM Program Fees ___ Within 10 days from the date of this order, Plaintiff shall pay $__________ of the RMFM Program fees to the Program Manager. • Electronic Transmittal of Case Number and Borrower Contact Information ___ Within 10 days from the date of this order, Plaintiff shall electronically submit -- 73 of 97 -- the case number and contact information to the borrower to the Program Manager using the approved web-based information platform. • Failure to File and Serve Certification Regarding Settlement Authority ___ Within 10 days after the date of this order, Plaintiff shall file and serve the certification regarding the person or entity with full settlement authority where the residence is not homestead (Form Exhibit 9 attached to the Administrative Order). • Attendance at Mediation ___ Plaintiff’s counsel shall attend the next scheduled mediation in this case. ___ _____________________________ (Name), as plaintiff’s representative designated in the most recent Form A filed in the court file, shall physically attend the next scheduled mediation in this case. ___ _____________________________ (Name), as plaintiff’s agent with full authority to sign a settlement agreement shall attend the next scheduled mediation in this case. • Additional Sanctions ___ The court determines ________________________ is entitled to an award of attorney’s fees and cost, the amount of which shall be determined at a subsequent hearing. __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ Signed on [date] [signature block for judge] -- 74 of 97 -- [Certificate of Service] -- 75 of 97 -- IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT IN AND FOR ______________ COUNTY, FLORIDA Plaintiff(s), vs. • ORDER REFERRING CASE TO RMFM PROGRAM (Case Filed Prior to February 26, 2010) It appearing to the court that the residence which is the subject of this action to foreclose a mortgage is a “homestead residence” to which Administrative Order 2010-01 applies and that Defendant __________________ (Borrower) has requested that the case be referred to mediation, it is ORDERED: • The case is referred to the RMFM Program for mediation, and the plaintiff and borrower shall comply with Administrative Order 2010-01. • Within 10 days from the date of this order, the plaintiff shall pay that portion of the RMFM Program fees payable at the time suit is filed, file a properly filled out Form A in the manner required by the administrative order, and electronically transmit Form A to the Program Manager using the approved web-based information platform. • The plaintiff and borrower are to cooperate with the Program Manager and must attend any mediation scheduled by the Program Manager. • CERTIFICATE OF COMPLIANCE WITH ADMINISTRATIVE ORDER 2010-01 (Must Be Submitted With Request For Final Or Summary Judgment) The undersigned attorney certifies (mark as appropriate): _ _ _ _ This action was filed before April 1, 2009, and compliance with Administrative Order 2010-01 (and previous Administrative Order 2009-18) was not ordered by the court. _ _ _ _ This action was filed after April 1, 2009, and Plaintiff and Plaintiff’s counsel have fully complied with the requirements of Administrative Order 2010-01 (and previous Administrative Order 2009-18), and a true and accurate copy of the most recently filed Form A and the mediators report or notice of borrower's nonparticipation is attached to this certificate. • Participants’ completion of online training modules prior to a one-day live class will facilitate better discussion and greater comprehension. • Mortgage Foreclosure Mediation Training Goals At the conclusion of the training, the participants shall be able to: · Recognize Basic Legal Concepts in Mortgage Foreclosure Mediation · Identify Negotiation Dynamics in Mortgage Foreclosure Mediation · Identify Mediation Process and Techniques in Mortgage Foreclosure Mediation · Recognize Financial Issues in Mortgage Foreclosure Mediation · Identify Communication Skills in Mortgage Foreclosure Mediation -- 81 of 97 -- · Recognize Ethical Issues in Mortgage Foreclosure Mediation 1. • Ethical Issues in Mortgage Foreclosure Mediation 1 ) Recognize power imbalances and when a mediator shall advise the parties of the right to seek independent legal counsel. 2 ) Understand that a mediator shall not offer a personal or p r o f e s s i o n a l opinion intended to coerce the parties, unduly influence the parties, decide the dispute, direct a resolution of any issue or indicate how the court in which the case has been filed will resolve the dispute. 3 ) Memorializing the parties’ agreement. 1 . • Live mortgage foreclosure mediation training shall be presented over a period of one (1) day. 1 ) Certificate of Completion of Advanced Course on Florida Residential Mortgage Foreclosure Mediation given to participant. • At a minimum, training providers shall provide each of their attendees with a training manual that includes: a. • Residential mortgage foreclosure mediation training programs shall include, but are not limited to, the following: lecture, group discussion, and a mortgage foreclosure mediation demonstration. 1 ) Use of subject matter specialists, i.e. lender, borrower, loan servicer, investor, plaintiff and defense counsel, mortgage foreclosure counselor, community resources. 2 ) A subject matter specialist shall have a substantial part of his or -- 89 of 97 -- her professional practice in the area about which the specialist is lecturing and shall have the ability to connect his or her area of expertise with the residential mortgage foreclosure mediation process. c . • All mortgage foreclosure mediation training programs shall present a residential mortgage foreclosure role play mediation demonstration either live (including video conferencing) or by video/DVD presentation. d .
Guidance Concerning Managed Mediation Programs for Residential Mortgage Foreclosure Cases, AOSC10-57 (Nov. 5, 2010), effective December 19, 2011; and Whereas, the First Judicial Circuit has the most successful mandatory mediation of homestead mortgage actions under the aforementioned Supreme Court ordered program established pursuant to First Circuit Administrative Order 2010-01 (Feb. 26, 2010) which required mediation prior to the matter being set for final hearing facilitates the laudable goals of communication, facilitation, problem-solving between the parties with the emphasis on self-determination, the parties’ needs and interests, procedural flexibility, full disclosure, fairness, and confidentiality.
Reviewer note: Document sha256: 3804b0615695b702f377be223514563e97c3655c745ae4fba5c80994bd5128cc (754559 bytes). BenchPath harvested this circuit itself because no research corpus existed for it. Extraction is conservative: mandatory-language sentences only, so this rule is a faithful subset of the order, never a summary of it.
Judge Shull requires ALL motions set for special-set hearing to go to mediation before the hearing is held.
Judge Burkhart will not schedule a temporary-relief hearing until mediation has been held ON the temporary relief sought — mediation first, hearing second.
Judge Sharrit refers ALL cases to mediation (exceptions only by leave) and openly encourages Special Magistrates under Rule 1.490(b) to beat the hearing-time bottleneck.