Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
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Has anyone every gone thur mediation? We are currently going foreclosure and the judge sent us to mediation & granted a leave to plead, until after mediation? What can I expect? We have not pursued the fraud part of our loan. Although we do what to keep our home and can afford it. I just am not sure what to expect from this? Any thoughts

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Ohio
Our mediation was not ordered by the Judge and occurred shortly before trial.

A magistrate met with us, our attorney and the foreclosure attorney.

The purpose of the mediation was to determine if there was any way the matter could be settled without going to trial. We did not ask for it, didn't really want it but agreed because we were not required to waive any rights to proceed to trial.

The mediator listened to both sides. He asked opposing council to leave the room and spoke to us alone. He then spoke to opposing council alone. Any offers of settlement up to that point were ridiculous. I don't know what they talked about but the other side was more interested in offering more favorable settlement terms after the meeting.

Keep in mind we had already filed our response and counterclaims prior to this mediation.

Considering you have done neither it's hard to say what issue the judge wants mediated. I assume your attorney is going to ask for a loan modification or some other work out to get the foreclosure dismissed?

If that is the case and they refuse to offer any workout solutions...does your attorney have a backup plan??
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Moose
I'm assuming you're represented by counsel, and as always, none of this is legal advice.

If attorney-run settlement conferences don't protect the judge from having to make a ruling, mediation involving a third party is where almost all civil cases wind up.

The key thing to keep in mind about a formal mediation process is that the two parties make their own decision.  The mediator does not hear the evidence and make a ruling. They are facilitators who are doing their best to keep the case from going back before the judge, although the judge will receive a report from the mediator and eventually rule on the case as having been settled.

Most mediators are attorneys and you'll come across retired judges as well. But they don't make rulings on questions or interpretations of law. If you can show clear evidence of fraud, that only strengthens your position; the mediator won't take the role of a judge and decide the case in your favor. There may be a lot of discussion about what is or isn't fraud and whether or not it was something that was an error and not deliberate. If counsel for the other side is not aware of the fraud and it is presented to him or her, the process may grind to a halt while they communicate with their client's in-house counsel.

Functionally, each party meets first with the mediator, then both parties and the mediator meet together.  There isn't a swearing in but you'll probably sign a confidentiality agreement before things get started.  Depending on local rules, there may be limitations on what could be taken from the session and used in court if mediation fails. There is no recording or court reporter, thus there is no transcript, just your own and your attorney's notes.

Each side makes what is basically an opening statement in the presence of the mediator and answers any questions the mediator may have. There may be discussion among the lawyers about the status of the case and any rulings that have been made. The object is to define the position.

Then the parties retire to separate rooms and the mediator floats back and forth and discusses the situation trying to see if there will be any movement toward the middle and making recommendations.

Your attorney may meet with the mediator from time to time without you.

Keep in mind, you're there and can make your own decision.  The person they send along with their attorney may not be able to make the final decision - they may be in another state. That's something your attorney should find out up front. The decision maker has to at least be readily available to their representative and counsel.

Don't be nervous. Stay calm. Composed.  Inscrutable.  Confident. Good luck!

Moose


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As long as it's non-binding go in, play nice, don't let things upset you too much and don't expect anything to actually come out of it. That way you won't be disappointed or you'll be pleasantly surprised. Have an idea of what you would settle for and stick to it. And don't feel pressured to settle anything that day. Know what's fair to you and if you don't like what you're hearing and want your day in court, don't hesitate to walk away.

Just make sure that both sides show good faith in the process. Regardless of what the mediator or the attorneys want, think or expect it's not a fair mediation process if you are the only entity attempting to mediate in good faith and offering settlement solutions.
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Thanks so much......I guess sometimes the fear of not knowing can be the hardest. Although our fight has not been near as long as some of you , I just want it to be over!!! But at the same time, when your a victim you want revenge!!! Or what you think your entitled too. ( Not sure what that is)
Ohio.....we have filed our responses, then the judge ordered a non-oral hearing, for discovery, briefs and so forth. That is how the mediation came into play. Our attorney asked for mediation first, with the leave to plead after mediation has taken place. Being that we are in Ohio, I was told this is common. I just needed an idea as what to expect.
Mike.....Have an idea of what you would settle for and stick to it. And don't feel pressured to settle anything that day.
Will we be able to accept something at a later date?
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Confirm it with your atty but I believe settlement offers can be floated and potentially accepted at virtually any time prior to a verdict being rendered by the jury.

Will the same offer made at mediation be available down the road? Impossible to say unless there is a specific drop dead date offered at the time the settlement offer is made i.e. "Two Twinkies and slap upside the head with a wet haddock in exchange for you dropping your litigation and giving us your first born. Good until midnight of next month." Which is why you may want to sit down and seriously consider what you will and will not settle your case for. That way you're not having arguments amongst yourselves in front of the mediator or overly stressing yourselves trying to make a snap judgment on the fly.

Ultimately, only you know what you've been through with your case. Only you know what will compensate you for what you've been through. Make some time to discuss all the angles with your attorney before you go into mediation. That way there are at least fewer surprises on your side of life.


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Ohio
Mike,

It doesn't appear there has been much discussion between HELP and their attorney regarding putting any labels on the wrong doings of their servicer/lender...do you get that impression?

When we entered mediation the other side knew what they were up against...and so did we.

Mediation would have been a pure waste of time had we gone in empty handed with zero leverage/negotiating power.......

I'm not understanding the logic of this attorney's strategy
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