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Foreclosure Mediation Legislation Referred to Senate Judiciary Committee

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by Beth Graham

Thursday, Feb 10, 2011


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Sen. Sheldon Whitehouse (D – Rhode Island) has introduced legislation that would provide bankruptcy court judges with the option to require homeowners undergoing bankruptcy and their lenders to engage in foreclosure mediation. According to DS News magazine,

Whitehouse’s proposal is modeled after a court program in his home state of Rhode Island. He says it would not give judges the power to slash mortgage debt like the many bankruptcy cramdown measures that have fallen short, but instead would force lenders to open up the lines of communication to find a solution that is in the best interest of both homeowners and investors.

Whitehouse’s bill — Limiting Investor and Homeowner Loss in Foreclosure Act (S. 222) — was referred to the Senate Judiciary Committee, of which he is a member, last week. The full committee held a hearing Tuesday on bankruptcy court foreclosure mediation programs and how the approach might be used to “cut through the red tape” and bring the homeowner and their mortgage company together “for a good faith negotiation,” according to Whitehouse.

The entire article may be read here.

For a list of foreclosure mediation programs across the nation, see the National Consumer Law Center‘s Foreclosure Mediation Programs by State. Additionally, foreclosure mediation bills are currently before the legislature in South Carolina and Washington state.

Disputing previously discussed foreclosure mediation programs operated in Hawaii, Connecticut, Florida, Nevada and the District of Columbia.

Technorati Tags: 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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