Palm Beach County Mortgage Foreclosure Mediation

The Circuit Court of the 15th Judicial Circuit of Palm Beach County issued administrative order number 3.308-6/10 dated June 28, 2010, to take effect on July 12, 2010, providing for certain "Case Management of Residential Foreclosure Cases and Mandatory Mediation Referral."

Scope

The administrative order is to generally apply to "all residential mortgage foreclosure actions filed in the Fifteenth Judicial Circuit" as of the effective date of the order, in which the involved mortgage was subject to the federal Truth in Lending Act, Regulation Z. All mortgage foreclosure actions against homestead residences are to be referred to the Residential Mortgage Foreclosure Program ("RMFM Program") unless otherwise agreed or unless certain pre-suit mediation was previously conducted. Other procedures apply to non-homestead foreclosure actions. The Court may order mortgage foreclosure actions filed prior to order's effective date to be subject to this Administrative Order.

Program Manager

The administrative order appoints the Palm Beach County Bar Association as the Program Manager of the "Residential Mortgage Foreclosure Mediation Program." The mediations will be held at 1601 Belvedere Rd., Suite 304, West Palm Beach, Florida. It is to manage the program in accordance with the administrative order and the Florida Supreme Court's Administrative Order SC09-54.

Disclosure for Mediation

The homeowner may request the following information and documents from the lender prior to the mediation session:

• proof of ownership and status as holder in due course as to note and mortgage
• history of application of payment
• lender's position on the present net value of the mortgage loan
• lender's most current appraisal of the property

Pre-Suit Mediation

Mortgage lenders are encouraged to use alternative dispute resolution, including mediation, prior to filing a mortgage foreclosure action.