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Franklin County Foreclosure Mediation Project (FCFMP)

Franklin County Foreclosure Mediation Project (FCFMP). A Community Response to the Foreclosure Crisis. Who are we?. Limited Jurisdiction Municipal Court, with comprehensive dispute resolution department, provides services for General Jurisdiction Common Pleas Court.

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Franklin County Foreclosure Mediation Project (FCFMP)

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  1. Franklin County Foreclosure Mediation Project (FCFMP) A Community Response to the Foreclosure Crisis

  2. Who are we? Limited Jurisdiction Municipal Court, with comprehensive dispute resolution department, provides services for General Jurisdiction Common Pleas Court. County Treasurer, County Prosecutor and County Commissioners provide funding from surplus created from sale of delinquent tax liens.

  3. FCFMP Goals & Objectives To facilitate meaningful discussions among parties that lead to satisfactory and timely outcomes in foreclosure cases. This means that:  Ideally, borrowers should leave mediation with workable agreement that allows them to stay in their homes.

  4. FCFMP Goals & Objectives (cont’d) or, at minimum, borrowers leave mediation with an agreement that will allow them to give up their home with dignity and a workable plan for transition.

  5. Project Features • Mediation is available to borrowers both before and after foreclosure action is filed in the Common Pleas Court. • Borrowers submit Request for Mediation (RFM) to FCFMP rather than filing with Clerk of Court.

  6. Borrowers are required to complete HUD Approved Counseling before mediation. • Borrowers use County-wide information service (211) to connect to HUD Approved Counseling Agencies and Legal Aid. 211 software allows referral to next available agency and to do legal aid eligibility calculations .

  7. Summary: Foreclosure Mediation may be available if… Borrowers are at risk for or in default on their mortgage. • Generally, referred from HUD Approved Counseling Agency; Attorney could refer. Borrowers have just received summons. • Borrowers must file an RFM and 60 day extension of time within 28 days.

  8. Summary: Foreclosure Mediation may be available if… (cont’d) Borrowers are “post-judgment. • Borrowers must file Motion to Request Mediation, usually with request for stay of post-judgment proceedings.

  9. Mediation Challenges Timely exchange, receipt and review of borrowers’ current and complete financial and budget information and Lender’s proposal. Borrowers and their attorneys need to have range of options and alternatives to reach complete agreement or arrange for “next” steps in mediation.

  10. Mediation Challenges Borrowers’ attorneys must understand how to continue negotiations when Borrowers’ proposal is refused or if lender’s offer is not a viable outcome for Borrowers.

  11. Preliminary Report FCFMP—2009 • 9,558 New Foreclosure Filings • 1,858 Referrals to Mediation (19%) • Borrowers’ Request—1,229 (13%) • HUD Counseling Agencies—531(5%) • Judge’s Order—88 (.9%) • Legal Aid—16 (.1%)

  12. Franklin County Foreclosure Mediation Project FCFMP375 South High Street, 16th Floor Columbus, Ohio 43215 Phone (614) 645-5009 Fax (614) 645-8465 Email: McCort@fcmcclerk.com Melanie McCort, Project Coordinator Eileen Pruett, Project Administrator

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