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Connecticut Judicial Branch Reports Home Foreclosure Mediation Program Statistics

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by Beth Graham

Wednesday, Sep 22, 2010


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The State of Connecticut has released statistics for its Foreclosure Mediation Program. The program allows borrower-occupants of a one, two, three or four family residential property located within the state to request mediation when facing judicial foreclosure. When a lender commences a foreclosure action, it must serve a notice to the homeowner along with a Foreclosure Mediation Certificate and an appearance request form. If a homeowner qualifies under the program and files an Appearance, the homeowner and lender then meet with a mediator employed by the State’s Judicial Branch in an effort to reach an agreement. Mediators used in the program must be “trained in all relevant aspects of the law, have knowledge of community-based resources and mortgage assistance programs and refer homeowners to these programs when appropriate.”

Once an Appearance has been filed, no judgment of foreclosure may be entered until the mediation period has expired or otherwise terminated. Under the program, the mediation process is designed to address all issues of foreclosure including reinstatement of the mortgage, restructuring of the mortgage debt and foreclosure by decree of sale. Between July 1, 2009 and June 30, 2010, 26,510 foreclosure cases were filed in Connecticut and 21,174 cases were eligible for mediation under the program. Of those cases, a Foreclosure Mediation Certificate was filed in 47 percent, or 9,865, cases.

An overview of the program may be found on the State of Connecticut Judicial Branch website. A copy of the Foreclosure Mediation Program statistics by county may be viewed here.

Disputing has recently discussed similar programs which offer foreclosure mediation to borrower-occupants in both Hawaii and Florida. In Hawaii, 27 of the 31 home foreclosure cases that qualified for its Mortgage Foreclosure Pilot Program between November 2009 and June 30, 2010 requested mediation. In contrast, less than half of homeowners facing foreclosure in Miami-Dade County, Florida have complied with state-mandated mediation since January.

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ADR, law, mediation

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About Beth Graham

Beth Graham earned a Master of Arts in Information Science and Learning Technologies from the University of Missouri-Columbia, and a Juris Doctor from the University of Nebraska College of Law, where she was an Eastman Memorial Law Scholar. Beth is licensed to practice law in Texas and the District of Columbia. She is also a member of the Texas Bar College and holds CIPP/US, CIPP/E, and CIPM certifications from the International Association of Privacy Professionals.

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About Disputing

Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.

About Disputing

Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.

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