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All articles tagged '"foreclosure"'
31 articles found
San Antonio Appeals Court Holds Signatory May Not Waive Non-Signatory’s Right to Arbitrate
By Beth Graham - April 14, 2011
The San Antonio Court of Appeals has held that a signatory’s waiver of its right to arbitrate could not be imputed to its non-signatory agent. In Garcia v. Huerta, No. 04-10-00688-CV (Tex. App. – San Antonio, March 30, 2011) Albert Garcia appealed a trial court’s order which denied arbitration against Edward and Margarita Huerta. The Huertas obtained a home equity loan from Wells Fargo and entered into an arbitration agreement with Wells Fargo as
Law Review Article | Integrating ‘Alternative’ Dispute Resolution into Bankruptcy: As Simple (and Pure) as Motherhood and Apple Pie?
By Beth Graham - March 22, 2011
Nancy Welsh, Professor of Law at the Pennsylvania State University Dickinson School of Law recently authored an interesting article entitled, “Integrating ‘Alternative’ Dispute Resolution into Bankruptcy: As Simple (and Pure) as Motherhood and Apple Pie?” Nevada Law Journal, Vol. 11, April 2011; The Pennsylvania State University Legal Studies Research Paper No. 6-2011; Conflict Resolution and the Economic Crisis, Symposium Issue. In her article,
Nevada Revises Foreclosure Mediation Program
By Beth Graham - February 22, 2011
The Nevada Supreme Court has revised the state’s Foreclosure Mediation Program (FMP) which commenced on July 1, 2009 in an effort to address Nevada’s high home foreclosure rate. The rules were updated following a written comment period and public hearing held last December. According to the Supreme Court of Nevada, the revised rules will: Expand the time to file a petition for judicial review from 15 to 30 days after a party receives a mediator’s
Foreclosure Mediation Legislation Referred to Senate Judiciary Committee
By Beth Graham - February 10, 2011
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 cramd
District of Columbia Adopts Foreclosure Mediation Process
By Beth Graham - November 22, 2010
Another United States jurisdiction has adopted a mediation process to address the ongoing foreclosure crisis. The District of Columbia (D.C.) Council approved the “Saving D.C. Homes from Foreclosure Act of 2010,” earlier this month. The measure requires lenders to participate in six months of mediation with a homeowner prior to foreclosure. According to the Washington Post: Mediation allows the borrower and the lender’s representative to ne
48 New Mediators Sworn In to Nevada Foreclosure Mediation Program
By Beth Graham - November 15, 2010
On October 27th, 48 new mediators were sworn in to the State of Nevada Foreclosure Mediation Program (FMP). This brings the total number of authorized FMP mediators in Nevada to 293. The FMP was created by Assembly Bill 149 during the 2009 Nevada Legislature session. According to a June 21, 2010 fact sheet: The FMP applies to residential properties located in Nevada that are owner occupied and the primary home of the owners. Additional eligibilit
Connecticut Judicial Branch Reports Home Foreclosure Mediation Program Statistics
By Beth Graham - September 22, 2010
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 qualifi
Article | Less than Half of Miami-Dade County Homeowners Comply With Court Ordered Foreclosure Mediation
By Beth Graham - September 13, 2010
In January, the Florida Supreme Court ordered mediation on all home foreclosure cases. According to Miami Today, less than half of homeowners in Miami-Dade County have complied with state-mandated mediation since January. Miami-Dade County is one of three Florida counties that ran a managed mediation pilot program prior to the state-mandated mediation order. The Mortgage Foreclosure Mediation Program administered by the non-profit Collins Center
Article – Third Circuit Court of Hawaii Reports Home Foreclosure Mediation Pilot Project Statistics
By Beth Graham - September 7, 2010
The Third Circuit Court of Hawaii reported mid-year statistics for its Foreclosure Mediation Pilot Project (FMPP) in the Summer 2010 Center for Alternative Dispute Resolution Newsletter, ADR Times. Launched in November 2009, the FMPP allows borrower-occupants facing judicial foreclosure to request mediation through the program. Once a request is submitted to the court, the case is then scheduled for a judicial conference in which a judge determin
2009 Developments in Mediation: Foreclosure Mediation Programs
By Victoria VanBuren - December 18, 2009
by Holly Hayes In light of the subprime mortgage crisis, several states have adopted mediation programs to assist homeowners and lenders reach a solution to a mortgage foreclosure action. Keith Seat, at Mediate.com posted recently an update on foreclosure mediation across the United States. Highlights include the introduction of federal legislation that would encourage state and local governments to create strong foreclosure mediation programs. T
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