How to Use Mediation to Obtain a Better Result in Mortgage Foreclosure Cases

Tonight we talk about mediation and modification. It turns out that mediation, if played properly, can be an excellent opportunity to demonstrate the dubious authority of anyone to initiate foreclosure, or appear at mediation.

As for mediation most people do not realize that mediation is an extremely potent tool for homeowners. What you want is an order that commands all parties to be present with complete authority to negotiate a settlement through either lump sum payment or modification of the current installment payments. 

None of the Banks, Servicers, trustees etc. can comply with that simple order.

If a judge orders the parties to mediation and one of them doesn’t show up, the sanctions usually are judgment or dismissal for the other side. If the court order says the persons showing up must have all the authority necessary to make a final decision and execute a binding settlement agreement and their appearance is by some doofus on the telephone who won’t give his full name and is only authorized to offer you an application for modification, the order has been violated as well. The results are strikingly favorable to homeowners. 

The facts show that in most cases the party named by lawyers as having initiated foreclosure are not showing up and never will show up. And that is because there is no trust, there is no trustee, there is no trustor, there is no beneficiary, and there are no assets that have been entrusted to the trustee to actively manage on behalf of named beneficiaries of a legally existing and valid trust.