This course provides pertinent and current information regarding the procedures and law that must be adhered to by attorneys and mediators, including thorough review of the administrative orders governing the Mortgage Modification Mediator certification process, and the practice of Mortgage Modification Mediation in the U.S. Bankruptcy Court.
The U.S. Bankruptcy Court for the Northern District of California (under General Order 29) has adopted a Mortgage Modification Mediation program designed in part after the Florida U.S. Bankruptcy Court’s program, and has opened its Mortgage Mediator panel to Florida attorneys who are also mediators. The general order and Mortgage Modification Mediation (MMM) program will be discussed.
Attorneys and mediators who seek better understanding of the U.S. Bankruptcy Court’s function with respect to the Mortgage Modification process will benefit from this course.
Additional data regarding current Mortgage Modification Mediation (MMM) procedures including video/audio and PowerPoint (slides) materials, .pdf copies of the new court orders with added relevant and recent materials are included.
Interactive CLE Credits
Florida: 2.5 General; .5 Ethics – CME Eligible*
Certification credits – Civil Trial: 2.5; and Real Estate: 2.5
California: 2.0 General; .5 Ethics
New York: 2.5 General
This course serves both Attorneys and Mediators
I. National leader in facilitating mediation to assist parties in agreeing to the consensual modification of residential mortgages –
A. The United States Bankruptcy Court for the Middle District of Florida; and
B. The other Federal Florida Districts – Southern and Northern.
C. Florida State Court foreclosure mediation program
II. Certification of Mortgage Mediators by U.S. Bankruptcy Court
A. Initial Administrative Order Prescribing Procedures for Residential Mortgage Foreclosure Mediators Certification
B. Initial A/O as amended deemed valid and enforceable in Administrative Order Update
C. Current Amended Administrative Order Prescribing Procedures for Residential Mortgage Foreclosure Mediators Certification
D. Compare and Contrast Initial and Current Administrative Orders
E. Certification of Mortgage Mediators – prerequisites and conditions including Florida Bar membership
F. Requirements for Mortgage Mediator Application and inclusion on Court’s panel of mediators
G. Question and answer
III. Procedures: Uniform Mortgage Modification Program
A. Importance of Uniform District-wide Mortgage Modification Mediation (MMM) Process
B. Amended Administrative Order Prescribing Procedures for Mortgage Modification Mediation
C. Procedures affect Borrower and Lender attorneys
D. Procedures affect Mortgage Mediators
E. Amended A/O deemed valid and enforceable in Administrative Order Update
F. Debtor’s Motion for Mortgage Modification Mediation
G. Sample Order Directing Mortgage Modification Mediation
H. Question and Answer
IV. Ethical requirements set forth in Order Directing MMM
A. Good Faith requirements
B. Compare and contrast U.S. courts vs FL State courts
C. MEAC opinions – Dispute Resolution Center – FL Supreme Court
D. Conditions to be complied with, Sanctions, Lender, Borrower and Mediator issues
E. S. Bankruptcy Courts adopt Good Faith condition
F. Question and Answer
V. Trend in other U.S. Bankruptcy Courts
A. Florida Attorney mediators may mediate cases in U.S. Bankruptcy Court – Northern District of California General Order 29
B. Mortgage Mediator Procedures – State of Florida attorney/mediators’ eligibility qualifications for Northern District of California MMM Assignments
C. Mortgage Modification Mediation (MMM) Procedures
D. Other U.S. Bankruptcy Courts
E. Question and answer
- Discover: Approaches to facilitating Mortgage Modifications as counsel and as mediator, and use of Secured Portal in all cases.
- Learn: Up-to-date court procedures and processes effective September, 2015 for Mortgage Modification Mediation process (MMM)
- Identify: Ethical requirement of Good Faith set forth in Court Order Directing MMM, affecting mediators, attorneys and MMM participants.
- Consider: Trend in Courts across the nation.
- Receive materials: Current Court Administrative Orders establishing procedures in Mortgage Mediations and in Chapter 13 cases; Mortgage Mediator Certification requirements and application; California Mortgage Modification Mediation Program; Electronic copies of and links to court-required forms; Electronic copies of Power Point slides of presentation, outline/agenda and course description.
- Ask Questions: Question and answer sessions after each section.
Presented By: Constance d’Angelis – Attorney with more than 30 years experience in U.S. Bankruptcy and Florida Courts; Author of only approved online course for certification of mortgage mediators Mortgage Modification in Bankruptcy (FLMB 2013-1, as amended FLMB 2015-5); FL Supreme Court Certified Circuit Civil Mediator
Online Video Presentation
120 minutes of instruction with electronic copies of all seminar and supplemental materials.
Certificate: Downloadable electronic certificate emailed to course participants.
*This course is eligible for up to 2.2 CME hours. Mediators are required to self report those hours applicable to their areas of certification at the time of their renewal. For more information on the CME requirement, visit, www.flcourts.org, select Alternative Dispute Resolution/Mediation.