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Official rule; awaiting reverification against the current source text. Verify with the clerk, judicial assistant, or official court website before relying on it.
51 verbatim requirements extracted from 13981-01__2010-03.pdf, across 5 topics.
Nineteenth Judicial Circuit (Indian River, Martin, Okeechobee, St. Lucie). Check the order's own effective and rescission dates before relying on it. Procedural information only; not legal advice.
PROPOSED ORDERS • IN THE NINETEENTH JUDICIAL CIRCUIT OF FLORIDA OFFICE OF THE CHIEF JUDGE ADMINISTRATIVE ORDER NUMBER 2010-03 ADMINISTRATIVE ORDER FOR CASE MANAGEMENT OF RESIDENTIAL FORECLOSURE CASES AND MANDATORY REFERRAL OF MORTGAGE FORECLOSURE CASES INVOLVING HOMESTEAD RESIDENCES TO MEDIATION Whereas, pursuant to Article V, section 2(d) of the Florida Constitution, and section 43.26, Florida Statutes, the chief judge of each judicial circuit is charged with the authority and power to do everything necessary to promote the prompt and efficient administration of justice, and rule 2.215(b )(3), Florida Rules of Judicial Administration, mandates the chief judge to "develop an administrative plan for the efficient and proper administration of all courts within the circuit;" and Whereas, rule 2.545 of the Rules of Judicial Administration requires that the trial courts " ... take charge of all cases at an early stage in the litigation and ... control the progress of the case thereafter until the case is determined ... ", which includes " .. .identifying cases subject to alternative dispute resolution processes;" and Whereas, Chapter 44, Florida Statutes, and rules 1.700-1.750, Florida Rules of Civil Procedure, provide a framework for court-ordered mediation of civil actions, except those matters expressly excluded by rule 1.71 O(b), which does not exclude residential mortgage foreclosure actions; and Whereas, residential mortgage foreclosure case filings have increased substantially in the Nineteenth Judicial Circuit, and state and county budget constraints have limited the ability of the courts in the Nineteenth Judicial Circuit to manage these cases in a timely manner; and Whereas, high residential mortgage foreclosure rates are damaging the economies of the counties in the Nineteenth Judicial Circuit; and • "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. "Form A" means the certifications required herein in the format of Exhibit 1 attached. "Plaintiff s Disclosure for Mediation" means those documents requested by the borrower pursuant to paragraph 7 below. "Borrower's Financial Disclosure for Mediation" means those documents described in Exhibit 5 attached. "Foreclosure counselor" means a counselor trained in advising persons of options available when facing a mortgage foreclosure, who has no criminal history of committing a felony or a crime of dishonesty, and who is certified by the United States Department of Housing and Urban Development (RUD) or National Foreclosure Mitigation Counseling Program (NFMC) as an agency experienced in mortgage delinquency and default resolution counseling. "Communication equipment" means a conference telephone or other electronic device that permits all those appearing or participating to hear and speak to each other, provided that all conversation of the participants is audible to all persons present. Scope 1. Residential Mortgage Foreclosures (Origination Subject to TILA). This Administrative Order shall apply to all residential mortgage foreclosure actions filed in the Nineteenth 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. 1 Condominium association and homeowner's association fee foreclosures and mechanics lien and construction lien foreclosures are not included in the RMFM Program. 3 • 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 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 (plaintiffs 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. Referral to Mediation. This Administrative Order constitutes a formal referral to mediation pursuant to the Florida Rules of Civil Procedure in actions involving a mortgage foreclosure of a homestead residence. The plaintiff and borrower are deemed to have stipulated to mediation by a mediator assigned by the Program Manager unless pursuant to rule 1.720(f), Florida Rules of Civil Procedure., the plaintiff and borrower file a written stipulation choosing not to participate in the RMFM Program. Referral to the RMFM Program is for administration and management of the mediation process and assignment of a Florida Supreme Court certified circuit civil mediator who has been trained in mediating residential mortgage foreclosure actions and who has agreed to be on the panel of available certified circuit civil mediators. 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 4 • residence. Plaintiffs counsel is not pennitted to respond to the certification with "unknown," "unsure," "not applicable," or similar nonresponsive statements. 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 Fonn A the identity of the plaintiffs representative who will appear at mediation. Plaintiffs counsel may designate more than one plaintiff s representative. At least one of the plaintiff s representatives designated in Fonn A must attend any mediation session scheduled pursuant to this Administrative Order. Fonn A may be amended to change the designated plaintiff s representative, and the amended F onn 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 infonnation platfonn described in paragraph 8 no later than one business day after being filed with the clerk of court. 6. Responsibilities ofBorrower. Upon the Program Manager receiving a copy ofFonn 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 infonnation 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. The borrower's legal counsel may also attend foreclosure counseling, but attendance by legal counsel without the borrower does not satisfy the requirement. 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. Completion of the Borrower's Financial Disclosure for Loan Modification referenced in Exhibit SA is mandatory in every case so that the borrower's basic financial condition can be assessed by the plaintiff. As 6 • u address or to the web-enabled infonnation platform described in paragraph 8 below no later than 3 business days before the mediation session. The Program Manager shall promptly deliver a copy of Plaintiffs Disclosure for Mediation to the borrower. 8. Information to Be Provided Via Secure Dedicated Email Address or Web-Enabled Information Platform. All infonnation 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 fonnat approved by the Chief Judge via a secure dedicated e-mail address or in a web-enabled infonnation platfonn with XML data elements. 9. Nonparticipation by Borrower. The Program Manager shall have 30 days after electronically receiving contact infonnation 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 fonnat 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 recelVmg contact infonnation 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. lO.Referral to Foreclosure Counseling. 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 tenninating the case from the RMFM Program. 8 • II.Referrals for Legal Representation. 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.Scheduling Mediation. The plaintiff's representative, plaintiff's counsel, and the borrower are all required to comply with the time limitations imposed by this Administrative Order and attend a mediation session as scheduled by the Program Manager. No earlier than 60 days and no later than 120 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 sessions will be held at a suitable location(s) within the circuit obtained by the Program Manager for mediation. 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. 9 • 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.Attendance at Mediation. The following persons are required to be physically present at the mediation session: a plaintiffs 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. Plaintiffs counsel may be designated as the person with full authority to sign the settlement agreement. 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. That written roll will consist of a determination of the presence of the borrower; the borrower's counsel of record, if any; the plaintiff s lawyer; and the plaintiffs representative with full authority to settle. 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 plaintiffs 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. The written roll and communication of authority to the Program Manager is not a mediation communication. The authorization by this Administrative Order for the plaintiff s representative to appear through the use of communication equipment is pursuant to rule 1.720(b), Florida Rules of Civil Procedure (court order may alter physical appearance requirement), and in recognition of the emergency situation created by the massive number of residential foreclosure cases being filed in this circuit and the impracticality of requiring physical attendance of a plaintiffs representative at every mediation. Additional reasons for authorizing appearance through the use of communication 10 • 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. Junior lienholders may appear at mediation by a representative with full settlement authority. If a junior lienholder is a governmental entity comprised of an elected body, such junior lienholder may appear at mediation by a representative who has authority to recommend settlement to the governing body. Counsel for any junior lienholder may also attend the mediation. The participants physically attending mediation may consult on the telephone during the mediation with other persons as long as such consultation does not violate the provisions of sections 44.401-406, Florida Statutes. 11 • scheduled mediation session, the plaintiff shall not be entitled to any refund of mediation fees. The total fees include the mediator's fees and costs; the cost for the borrower to attend a foreclosure counseling session with an approved mortgage foreclosure counselor; and the cost to the Program Manager for administration of the managed mediation program which includes but is not limited to providing neutral meeting and caucus space, scheduling, telephone lines and instruments, infrastructure to support a web-enabled information platform, a secure dedicated email address or other secure system for information transmittal, and other related expenses incurred in managing the foreclosure mediation program. Program Manager to Monitor Compliance and Satisfaction 20.Monitoring Compliance Concerning Certain Provisions of This Administrative Order, Satisfaction with RMFM Program, and Program Operation. 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 may assist with enforcing compliance with this Administrative Order upon filing a written motion pursuant to rule 1.1 OO(b), Florida Rules of Civil Procedure, stating with particularity the grounds therefor and the relief or order sought. Example orders are attached as Exhibit 11. 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. 15 • 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. 21.Designation ofPlaintiff Liaisons with RMFM Program. Any plaintiff who has filed five (5) or more foreclosure actions in the Nineteenth 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. Plaintiffs 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 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. List of Participating Mediators and Rotation of Mediators 22. List of Participating Mediators and Rotation of Mediators. 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 Nineteenth Circuit the mediators designate their willingness to mediate. The RMFM Program shall encourage the use of 16 • 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 RivIFM 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 completed the training requirements imposed by paragraph 2 above within 90 days after the effective date of this Administrative Order. Pre-Suit Mediation Encouraged 23.Pre-Suit Mediation. Mortgage lenders, whether private individuals, commercial institutions, or mortgage servicing companies, are encouraged to use any form of alternative dispute resolution, including mediation, before tIling a mortgage foreclosure lawsuit with the clerk of the court. Lenders are encouraged to enter into the mediation process with their borrowers prior to filing foreclosure actions in the Nineteenth 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 Nineteenth 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. A borrower may file a motion contesting whether pre-suIt mediation occurred in substantial compliance with the RMFM Program. 17 • 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. This Administrative Order shall be recorded by the clerk of the court in each county of the Nineteenth Judicial Circuit and shall take effect on March 29,2010. This Administrative Order shall remain in full force and effect unless and until otherwise ordered, and it amends and replaces Administrative Orders 2009-01 and 2009-15. ORDERED on February 26, 2010. STEVEN 1. LEVIN, Chief Judge Nineteenth Judicial Circuit, State of Florida 18 • INDEX OF EXHIBITS 1. FORMA 2. NOTICE OF RMFM PROGRAM TO BE SERVED WITH SUMMONS 3. BORROWER'S REQUEST TO PARTICIPATE IN RMFM PROGRAM 4. NOTICE OF BORROWER'S NONPARTICIPATION 5. BORROWER'S FINANCIAL DISCLOSURE FOR MEDIATION 6. BORROWER'S REQUEST FOR PLAINTIFF'S DISCLOSURE FOR MEDIATION 7. PLAINTIFF'S NOTICE OF ATTENDING MEDIATION BY TELEPHONE 8. PLAINTIFF'S CERTIFICATION REGARDING ATTENDING MEDIATION BY TELEPHONE 9. MEDIATOR'S REPORT 10. CERTIFICATION REGARDING SETTLEMENT AUTHORITY (Residence Not Homestead) 11. ORDERS FOR REFERRALS, COlVIPLIANCE, AND ENFORCEMENT 12. CERTIFICE OF COMPLIANCE WITH ADMINISTRATIVE ORDER 2010-03 13. MEDIATION TRAINING STANDARDS 14. PARAMETERSFORMANAGEDMEDIATION 15. RMFM PROGRAM FLOWCHART 20 • Please complete online at http://www.CollinslWediation.organdflle original with the Clerk of Court IN THE CIRCUIT COURT IN AND FOR COUNTY, FLORIDA [Name of Plaintiff) Case No.: Plaintiff, vs. [Names of Defendant(s)] Defendant(s) Form "A" (Certifications Pursuant to Nineteenth Judicial Circuit Administrative Order 2010-03) Certificate of Plaintiff's Counsel Regarding Origination of Note and Mortgage THE UNDERSIGNED, as counsel of record for plaintiff and as an officer of the court, certifies the origination of the note and mortgage sued upon in this action WAS or WAS NOT subject to the provisions of the federal Truth in Lending Act, Regulation Z. Certificate of Plaintiff's Counsel Regarding Status of Residential Property THE UNDERSIGNED, as counsel of record for plaintiff and as an officer of the court, certifies the property that is the subject matter of this lawsuit IS or NOT a homestead residence. 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. Ifthe residential property is a homestead residence, complete both of the following: Certificate of Plaintiff's Counsel Regarding Pre-Suit Mediation The following certification __ DOES or DOES NOT apply to this case: 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 Plaintiffs Disclosure for Mediation was provided. 22 • 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): Plaintiff s counsel understands the mediator or the RMFM Program Manager may report to the court who appears at mediation and, if at least one of plaintiffs representatives named above does not appear at mediation, sanctions may be imposed by the court for failure to appear. As required by the Administrative Order, plaintiffs counsel will transmit electronically to the RMFM Program Manager the case number of this action, the contact information regarding the parties, and a copy of this Form A, using the approved web-enable information platform. Date: (Signature ofPlaintiff's Counsel) [Printed name, address, phone number and Fla. Bar No.] 23 • IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR COUNTY, FLORIDA Case No(s).: Plaintiff( s), vs. Defendant(s). NOTICE OF BORROWER'S REQUEST FOR PLAINTIFF'S DISCLOSURE FOR MEDIATION _________ , (printed name), as the borrower on the mortgage sued upon in this case, hereby requests the following information and disclosure from the plaintiff pursuant to Administrative Order 2010-03 entered in the Nineteenth Judicial Circuit (mark the information and documents requested): Documentary evidence the plaintiff is the owner and holder in due course of the note and mortgage sued upon. A history showing the application of all payments by the borrower during the life of the loan. A statement of the plaintiff's position on the present net present value of the mortgage loan. The most current appraisal of the property available to the plaintiff. Signed on __.________ , 20_. (Signature) [Certificate of Service on the parties] 45 • -- IN THE CIRCUIT COlTRT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR COUNTY, FLORIDA Case No(s).: Plaintiff( s), vs. Defendant( s). MEDIATION REPORT (RMFM Program) Pursuant to the Court's Order, a Mediation Conference was conducted by [name o/mediator], Certified Circuit Civil Mediator, on [date). 1. The following were present: a) The Plaintiffs Representative, [name], and Plaintiffs attorney, [name]. b) The Defendant[s], [name (s)] , and his/her/their attorney[s], [name (s)). 2. The result of the Mediation Conference is as follows (Mediator selects only one): __A signed SETTLEMENT AGREEMENT was reached during this Conference. __The parties have reached a total IMPASSE. __The parties have agreed to ADJOURN the mediation to [date). Mediation has been TERMINATED. As required by Administrative Order [number] a copy of the most recently filed Form A is attached. [Certificate of Service] 51 • IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR COUNTY, FLORIDA Case No(s).: Plaintiff(s), vs. Defendant( s). PLAINTIFF'S CERTIFICATION SETTLEMENT AUTHORITY (Residence Is Not Homestead) In compliance with Administrative Order 2010 03, the undersigned attorney certifies that following person or entity has full authority to negotiate a settlement of this case with the borrower without further consultation: (All o/the/ollowing in/ormation must be provided) Name: Mailing Address: Telephone Number (including area code and extension): Fax Number: Email Address: LoanlFile Number: Notice to Defendants: Because ofprivacy laws and rules, the plaintiff will only be able to negotiate a modification of the loan with the named borrower on the underlying debt. I certify a copy of this certification was served on defendants with the summons. Date: [Signature, Address, Phone Number of Plaintiffs Counsel] 53 • IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR COUNTY, FLORIDA Case No(s).: Plaintiff( s), vs. Defendant( s). ORDER TO SHOW CAUSE (Plaintiff's Failure to Comply with Administrative Order 2010-03) It appearing to the court that Plaintiff has failed to comply with the requirements of Administrative Order 2010-03 in regards to the following (as marked): FormA Plaintiff failed to file Form A. Plaintiff failed to electronically submit Form A to the Program Manager using the approved web-based information platform. Payment of RMFM Program Fees Plaintiff failed to pay the portion of the RMFM Program fees payable at the time suit is filed. Plaintiff failed to pay the portion of the RMFM Program fees payable within 10 days after the notice conference is filed. Electronic Transmittal of Case Number and Borrower Contact Information Plaintiff failed to electronically submit the case number and contact information to the borrower to the Program Manager using the approved 55 • IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR COUNTY, FLORIDA Case No(s).: Plaintiff(s ), vs. Defendant( s). 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 2010-03 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 2010-03. 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. The plaintiff is advised and cautioned that failure to comply in a timely manner with the requirements of this order will result in dismissal of the cause of action without further order of the court. Signed on [dateJ [signature block for judgeJ [Certificate of Service] 59 • EXHIBIT 12 CERTIFICATION OF COMPLIANCE WITH, ADMINISTRATIVE ORDER 2010-03 60 • IN THE CIRCUIT COURT OF THE NINE TEETH JUDICIAL CIRCUIT IN AND FOR COUNTY, FLORIDA Case No(s).: Plaintiff, vs. Defendant( s). CERTIFICATE OF COMPLIANCE WITH ADMINISTRATIVE ORDER 2010-03 (Must Be Submitted With Request For Final Or Summary judgment) The undersigned attorney certifies (mark as appropriate): This action was filed before March 13, 2009, and compliance with Administrative Order 2010-03 (and previous Administrative Orders 2009-01 and 2009-15) was not ordered by the court. This action was filed after March 13, 2009, and Plaintiff and Plaintiffs counsel have fully complied with the requirements of Administrative Order 2010-03 (and previous Administrative Orders 2009-01 and 2009-15), 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. Signed on [date]. [signature block for certifying attorney] [certitlcate of service] 61 • Mortgages, Agreements for Deeds, and Statutory Liens Vll. Chapter and/or sections pertaining to Condominiums and Homeowner Associations Vlll. Section 55.10(1), Florida Statutes (2004) pertaining to judgment liens IX. Federal statutes (i.e. Bankruptcy; Truth in Lending Act, Hope for Homeowners Act of2008, Fair Debt Collection Practices Act, Service Members Civil Relief Act of 2003, and others to be identified and defined more specifically) x. Homeowner Affordability and Stability Plan, Home Affordable Modification Program (HAMP), and guidelines for servicers Xl. Glossary of Terms Xll. List of local, state and federal resources for borrowers XlII. Internet Links to useful on line resources XIV. Current Supreme Court of Florida Administrative Order, In Re Task Force on Residential Mortgage Foreclosure Cases xv. Local Judicial Circuit Administrative Order on Residential Mortgage Foreclosure Cases XVI. Additional reading resources provided by the Mediation Manager 5. Training Methodology a. Pedagogy. 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 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. 69 • 3. Prepare financial statements, financial and performance reports (for example, attendance and failure to attend mediation reports); 4. Establish and maintain performance standards for staff and mediators, including maintaining a roster of mediators comprised of persons who are properly trained in accordance with the standards attached, and who are otherwise qualified, and effective in foreclosure mediation; 5. Assist in specialized training of mediators for workout options and resources; 6. Arrange and pay for interpreters; 7. Bill, collect, deposit, and disburse mediation fees and refunds; pay for necessary services and costs incidental to mediation managmg as required to implement mediation administrative order; 8. Establish procedures for managing and communicating with pro se litigants and attorneys. This includes implementing a process for prompt outreach to borrower-owners immediately after suit has been filed; the goal of the outreach is to inform mortgagors about the mediation program, invite their participation, and to start the process of referral to mortgage foreclosure counseling and the collection of required financial information; 9. Establish procedures for complying with confidentiality rules; 10. Establish a system for managing mediators that: a. Provides for the impartial assignment of mediators, for example, by the use of a rotating list, b. Is open to qualified supreme court certified mediators who are capable of providing effective services in the residential foreclosure setting, and c. Allows for more than one Mediation Managing entity in the circuit if approved by the chief judge. 73 • 11. Monitor or supervIse the preparation of mediation settlement agreements; 12. In accordance with the Administrative Order establish the schedule for division of fees between mediators, managers and others; 13. Prepare operational reports as required by the chief judge, regarding the number of cases mediated, impasse or successful mediations, etc.; 14. Solicit qualified mediators and maintain current list of mediators available for residential foreclosure cases; 15. Establish procedures for disqualifying and replacing mediators with ethical or other conflicts; 16. Coordinate the referral of mortgagors to certified foreclosure counselors pre-mediation; 17. Refer unrepresented parties to legal aid, or panels of pro bono or reduced fee attorneys; 18. Facilitate the exchange of documents between the parties, pre- and post-mediation, including the establishment and maintenance of a secure web-based communication system between the Program Manager and all parties to mediation using a platform capable of transmitting financial data, email, mediation forms and attachments, and able to track participant payments and refunds; 19. Maintain for dissemination to owner-borrowers a list of approved foreclosure counselors willing to perform services at the rates established by the court; 20. Answer inquiries from mediators and parties re the mediation process and forms; 21. Establish a system for resolving complaints against mediators and other persons involved in the Managed Mediation Program; 22. Establish procedures for participant evaluation of mediation program services, including satisfaction surveys; 74 EXHIBITS & EVIDENCE • IJ applicable, the borrower's financial disclosure for alternative workout options, short sale and a deed in lieu of foreclosure referenced in Exhibit 5B and 5C, should be submitted or made available to plaintiff's counsel and plaintiff's representative designated in Form A. 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 Program Manager is not responsible or liable for the accuracy of the borrower's financial information. 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. Plaintiff'S Disclosure for Mediation. Within the time limit stated below, prior to attending mediation the borrower may request any of the following information and documents from the plaintiff: Documentary evidence the plaintiff is the owner and holder in due course of the note and mortgage sued upon. A history showing the application of all payments by the borrower during the life of the loan. A statement of the plaintiff's position on the present net value of the mortgage loan. The most current appraisal of the property available to 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 7 • EXHIBIT 2 NOTICE OF RMFM PROGRAM TO BE SERVED WITH SUMMONS 24 • EXHIBIT 3 BORROWER'S REQUEST TO PARTICIPATE IN RMFM PROGRAM 26 • EXHIBIT 5 BORROWER'S FINANCIAL DISCLOSURE FOR MEDIATION EXHIBIT 5A: LOAN MODIFICATION EXHIBIT 5B: SHORT SALE EXHIBIT 5C: DEED IN LIEU OF FORECLOSURE 30 • EXHIBIT 5A BORROWER'S FINANCIAL DISCLOSURE FOR MEDIATION (LOAN MODIFICATION) 31 • EXHIBIT 5B BORROWER'S FINANCIAL DISCLOSURE FOR MEDIATION (SHORT SALE) 40 • In addition to the FANNIE MAE HARDSHIP FORM 1021 in Exhibit SA 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-l 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 ren1inded 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. 41 • EXHIBIT 5C BORROWER'S FINANCIAL DISCLOSURE FOR MEDIATION (DEED IN LIEU OF FORECLOSURE) 42 • In addition to the FANNIE MAE HARDSHIP FORM 1021 in Exhibit SA above, the following information must be uploaded into the web-enabled IT platform on behalf of the borrower: Current title search for the homestead residence 43 • EXHIBIT 6 BORROWER'S REQUEST FOR PLAINTIFF'S DISCLOSURE FOR MEDIATION 44 • EXHIBIT 7 PLAINTIFF'S NOTICE OF ATTENDING MEDIATION THROUGH THE USE OF COMMUNICATION EQUIPMENT 46 • EXHIBIT 8 PLAINTIFF'S CERTIFICATION REGARDING ATTENDANCE AT MEDIATION THROUGH THE USE OF COMMUNICATION EQUIPMENT 48 • EXHIBIT 10 CERTIFICATION REGARDING SETTLEMENT AUTHORITY (RESIDENCE NOT HOMESTEAD) 52 • EXHIBIT 11 ORDERS FOR REFERRALS, COMPLIANCE, AND ENFORCEMENT 54 HEARING TIME & ARGUMENT LIMITS • Whereas, the Supreme Court of Florida has determined that mandatory mediation of homestead residential mortgage foreclosure actions prior to the matter being set for final hearing will facilitate 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. Referring these cases to mediation will also facilitate and provide a more efficient use of limited judicial and clerk resources in a court system that is already overburdened; and Whereas, the Collins Center For Public Policy, Inc. is an independent, nonpartisan, nonprofit organization that has demonstrable ability to assist the courts with managing the large number of residential mortgage foreclosure actions that recently have been filed in the Nineteenth Judicial Circuit. NOW, THEREFORE, IT IS ORDERED: Definitions As used in this Administrative Order, the following terms mean: "RMFM Program" (Residential Mortgage Foreclosure Mediation Program) means the mediation program managed by the Collins Center For Public Policy, Inc. to implement and carry out the intent of this Administrative Order. "The Program Manager" means the Collins Center For Public Policy, Inc., qualified in accordance with parameters attached as Exhibit 14. Also referred to as the "Mediation Manager." "Plaintiff' means the individual or entity filing to obtain a mortgage foreclosure on residential property. "Plaintiff's representative" means the person who will appear at mediation who has full authority to settle without further consultation and resolve the foreclosure suit. "Borrower" means an individual named as a party in the foreclosure action who is a primary obligor on the promissory note which is secured by the mortgage being foreclosed. 2 • Rules of Civil Procedure and Florida Rules for Certified and Court-Appointed Mediators. Processing of residential mortgage foreclosure cases referred to mediation pursuant to Administrative Orders 2009-01 and 2009-15 shall not be delayed while the specific mediation training requirements of this administrative order are satisfied during the 90 days following the date of this order. 3. Compliance Prior to Judgment. 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. Delivery ofNotice ofRMFM Program with Summons. 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. Procedure 5. Responsibilities ofPlaintiffs Counsel; Form A. 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. The Program Manager website address can be obtained at http://www.circuit19.org. In Form A, plaintiffs 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, plaintiffs counsel must also affirmatively certify whether the property is a homestead 5 • 14.Failure to Appear at Mediation. If either the plaintiffs 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 the borrower fails to appear, or if the mediation results in an impasse with all required parties present, and if the borrower has been lawfully served with a copy of the complaint, and if the time for filing a responsive pleading has passed, 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. If plaintiffs counsel or the plaintiffs representative fails to appear, the court may dismiss the action without prejudice, order plaintiffs counselor the plaintiffs representative's to appear at mediation, or impose such other sanctions as the court deems appropriate including, but not limited to, attorney's fees and costs if the borrower is represented by an attorney. If the borrower or borrower's counsel of record fails to appear, the court may impose such other sanctions as the court deems appropriate, including, but not limited to, attorney's fees and costs. IS.Written Settlement Agreement; Mediation Report. 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. 16.Mediation Communications. 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 12 • for Certified and Court-Appointed Mediators, unless otherwise provided for by law. 17.Failure to Comply with Administrative Order. In all residential foreclosure actions, if a notice for trial, motion for default final judgment, or motion for summary judgment is filed with the clerk of court, no action will be taken by the court to set a final hearing or enter a summary or default final judgment until the requirements of this Administrative Order have been met. 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 plaintiffs 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. The failure of a party to fully comply with the provisions of this Administrative Order may result in the imposition of any sanctions available to the court, including dismissal of the cause of action without further notice. 18.Mediation Not Required If Residence Is Not Homestead. If the plaintiff certifies in Form A that the property is NOT a homestead residence when suit is filed, plaintiffs 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. 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. 13 • Fannie Mae Hardship Form 1021 Home Affordable Modification Program Hardship Affidavit Borrower Name (first, middle, Date of Co-Borrower Name (first, middle, last): ______________ _ Date of Property Street Address:_ Property City, State, Loan Number: ------------------------------~-------------------- In order to qualify for 's ("Servicer") offer to enter into an agreement to modify my loan, I1we am/are submitting this form to the Servicer and indicating by my/our checkmarks the one or more events that contribute to my/our difficulty making payments on my/our mortgage loan: My income has been reduced or lost. For example: unemployment, underemployment, reduced job hours, reduced pay, or a decline in self-employed business earnings. I have provided details below under" Explanation." Borrower: Yes No Co-Borrower: Yes No My household financial circumstances have changed. For example: death In family, serious or chronic illness, permanent or short-term disability, increased family responsibilities (adoption or birth of a child, taking care of elderly relatives or other family members). I have provided details below under "Explanation." Borrower: Yes No Co-Borrower: Yes No My expenses have increased. For example: monthly mortgage payment has increased or will increase, high medical and health-care costs, uninsured losses (such as those due to fires or natural disasters), unexpectedly high utility bills, increased real property taxes. I have provided details below under "Explanation." Borrower: Yes No Co-Borrower: Yes No My cash reserves are insufficient to maintain the payment on my mortgage load and cover basic living expenses at the same time. Cash reserves include assets such as cash, savings, money market funds, marketable stocks or bonds (excluding retirement accounts). Cash reserves do not include assets that serve as an emergency fund (generally equal to three times my monthly debt payments). I have provided details below under "Explanation." 35 • web-based information platform. Failure to File and Serve Certification Regarding Settlement Authority Plaintiff failed to 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 failed to attend mediation. Plaintiffs representative designated in the most recent Form A filed in the court file failed to attend mediation. Plaintiff s agent with full authority to sign a settlement agreement failed to attend mediation. Plaintiff s representative failed to attend by telephone at all times during the mediation session. After the mediation resulted in an impasse, plaintiffs representative failed to file the certification regarding attendance at mediation by telephone at all times (Form Exhibit 7 attached to the Administrative Order). 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 2010-03 should not be imposed. Plaintiff is cautioned that failure to appear at the show cause hearing may result in the case being dismissed and the imposition of other appropriate sanctions. Signed on [date] [signature block for judge] [Certificate of Service] 56 • IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR COUNTY, FLORlDA Case No(s).: Plaintiff(s), vs. Defendant( s). ORDER AFTER SHOW CAUSE HEARING (Plaintiffs Failure to Comply with Administrative Order 2010-03) The court having determined that Plaintiff has failed to comply with the requirements of Administrative Order 2010-03, it is ORDERED and ADJUDGED (as marked): FormA 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 the case number and contact information to the borrower to the Program Manager using the approved web-based information platform. 57 • 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. Dismissal _ This case is dismissed without prejudice. 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/or judge] [Certificate of Service] 58 • 1. Length of Training. An instructional hour is defined as 50 minutes. 11. Span of Training. Live mortgage foreclosure mediation training shall be presented over a period of one (1) day. 4) Certificate of Completion of Advanced Course on Florida Residential Mortgage Foreclosure Mediation given to participant. Access to web-based modules terminates. 5) Optional Online Learning Forum - for continued learning provided by Program Manager(s) OR by independent training providers additional monthly fee for access 4. Recommended Course Content Requirements Required Training Materials. At a minimum, training providers shall provide each of their attendees with a training manual that includes: a. An agenda annotated with the learning objectives to be covered in each section and the intended method of instruction; b. Sample mortgage foreclosure mediated settlement agreements; c. Sample federal government forms, i.e. HAMP Program Hardship Affidavit, HAMP Trial Period Plan, HAMP FAQs, IRS Form 4506-T, Foreclosure Mediation Financial Worksheet; d. Suggested readings including: 1. Chapter 44, Florida Statutes - Mediation Alternatives to Judicial Action n. Florida Rules for Certified and Court-Appointed Mediators 111. Rules 1.510 and 1.700 - 1.750, Florida Rules of Civil Procedure IV. Chapter 697, Florida Statutes Instruments Deemed Mortgages and the Nature of a Mortgage v. Chapter 701, Florida Statutes Assignment and Cancellation of Mortgages VI. Chapter 702, Florida Statutes - Foreclosure of 68 REMOTE & VIRTUAL APPEARANCES • 2. Learning Objectives a. Basic Legal Concepts in Mortgage Foreclosure Mediation 1) Recognize basic legal concepts in mortgage foreclosures. 2) Explain the process of, and timelines in, mortgage foreclosure and in the mortgage foreclosure mediation process. 3) Identify the state rules, state and federal statutes, servlcmg guidelines, and local procedures and forms governing mortgage foreclosure mediation. 4) Identify the protections, constraints, and exceptions of the Florida Confidentiality and Privilege Act in the context of Mortgage Foreclosure Mediation. b. Negotiation Dynamics in Mortgage Foreclosure Mediation 1) Recognize the issues of settlement authority as they relate to the stakeholders in Mortgage Foreclosure Mediation. 2) Recognize the impact of physical, telephonic, videoconference, on line or other electronic means of appearance at the mediation conference on the negotiation. 3) Recognize the role(s) of the following m the Mortgage Foreclosure Mediation process: 1. lender n. loan servicer 111. investor IV. mortgage broker v. mortgage pool VI. second mortgagee Vll. condominium association Vlll. homeowners' association IX. lien holders (Le., municipal, mechanics lien) x. MERS 64 • Xl. appraiser 4) Recognize techniques for assessing risks and incentives In a mortgage foreclosure case. 5) Recognize concept of "good faith" and distinguish it from state court appearance requirements. 6) Recognize basic mortgage nomenclature and sources, types and structure of mortgages. 7) Identify options for resolution such as: 1. modification of mortgage terms 11. partial loan forgiveness Ill. placement of delinquent payments at the end of the loan term IV. short sale v. deed in lieu of foreclosure VI. waiver of deficiency judgment V11. stipulation to modify (i.e., if mortgagor makes X number of payments, then the loan will be modified) Vlll. principal set aside IX. repayment plan x. loan reinstatement Xl. "right to rent" (i.e., the bank owns the property and rents it to the former borrower at the market rental rate) c. Mediation Process and Techniques in Mortgage Foreclosure Mediation 1) Identify procedural elements which should be addressed prior to the parties' entry into the mediation room including telephonic and other electronic equipment. 2) Identify information which needs to be exchanged prior to mediation (i.e., Pooling and Servicing Agreement; life of loan history; mortgagee current financial disclosure; different loss mitigation, loan modification and other resolution options). 65 CONTINUANCES • PARAMETERS FOR PROVIDERS OF MANAGED MEDIATION SERVICES Purpose: To define the parameters of managers directing mediation services for parties involved in residential mortgage foreclosure litigation. A. Characteristics of Program Manager 1. Compliant with ADR principles as promulgated by the supreme court, and ADR statutes and rules; 2. Non-profit entity or associated with a reputable organization of proven competence, autonomous and independent of the judicial branch; 3. Capable of efficient administration of large case loads; 4. Sensitive to cultural, diversity, and Americans with Disabilities Act Issues; 5. Politically and professionally neutral; 6. Knowledgeable of court procedures, current trends, laws, rules, and regulations affecting residential foreclosures; 7. Fiscally transparent and accountable; 8. Quickly adaptable to a dynamic and rapidly evolving legal environment; 9. Financially stable; 10. Capable of sustained operation without fiscal impact on the courts; 11. Capable of effectively implementing information technology systems and web-based programs; 12. Alert to ethical and confidentiality issues; and 13. Agreeable to acting as manager for voluntary pre-suit mediation. B. Services to be Provided by Program Manager 1. Receive mediation referrals and, within designated time limits, schedule and coordinate mediation conferences: date, place and time; reserve and provide venues for mediation and caucus; manage continuances and re-scheduling; 2. Maintain financial books and records to msure transparency and accuracy of receipts and expenditures; 72
IN THE NINETEENTH JUDICIAL CIRCUIT OF FLORIDA OFFICE OF THE CHIEF JUDGE ADMINISTRATIVE ORDER NUMBER 2010-03 ADMINISTRATIVE ORDER FOR CASE MANAGEMENT OF RESIDENTIAL FORECLOSURE CASES AND MANDATORY REFERRAL OF MORTGAGE FORECLOSURE CASES INVOLVING HOMESTEAD RESIDENCES TO MEDIATION Whereas, pursuant to Article V, section 2(d) of the Florida Constitution, and section 43.26, Florida Statutes, the chief judge of each judicial circuit is charged with the authority and power to do everything necessary to promote the prompt and efficient administration of justice, and rule 2.215(b )(3), Florida Rules of Judicial Administration, mandates the chief judge to "develop an administrative plan for the efficient and proper administration of all courts within the circuit;" and Whereas, rule 2.545 of the Rules of Judicial Administration requires that the trial courts " ... take charge of all cases at an ear
Reviewer note: Document sha256: 09cd9c170d908a31f31cee4f6ecabaf5023b06aee77bb629e7fbe1a2a4e807d4. One rule per order rather than per topic, so an order's requirements stay together. Published during the completeness pass. | Text repaired 2026-09-05 (audit 2026-09-04 L17): soft hyphens folded into their hyphenated words. Text recomposed 2026-09-08 (Phase 3b): OCR/extractor artifacts corrected verbatim against the official print; wording unchanged. Text layer cleaned 2026-09-08 (Phase 3g): 1 kerning-split word rejoined; wording untouched. The source's text layer carries OCR artifacts; a re-read against the print is queued (fix program 2026-09-14, Phase 3). Verbatim from the order, captured 2026-07-24; whitespace normalised only. No OCR was used anywhere in this chain. [moved from the text 2026-09-14]
6 verbatim requirements on proposed orders in NINA W. DI PIETRO's division.
3 verbatim requirements on proposed orders in JOHN HURLEY's division.