About
This information is for defense attorneys who are representing owners of residential properties involved in foreclosure litigation. The borrower’s counsel of record is required to be physically present at the mediation session. If the borrower’s counsel of record fails to appear a mediation report indicating “No Show” will be filed, the matter may proceed to final hearing, and the court may impose such other sanctions as the court deems appropriate, including, but not limited to, attorney’s fees and costs. Please refer to the Thirteenth Judicial Circuit’s Administrative Order S-2012-053 and the Uniform Order of Referral to Foreclosure Mediation in your specific case for additional program requirements, procedures, timelines, and forms.
Program Overview
Upon notification by the plaintiff’s attorney, receipt of Plaintiff’s Certification Form and required fees, the RMFM Program will contact the borrower to explain the program, as well as provide instructions for contacting the Program’s business partner, The Center for Financial Counseling, who collects the borrower’s financial documents. All information, including forms to be completed as outlined in the Uniform Order of Referral to Foreclosure Mediation, is sent directly to the borrower. If you prefer that this information be mailed the material directly, please contact the Center for Financial Counseling. It is the borrower’s responsibility to communicate with his/her attorney to share information to be submitted to the program. If the borrower wishes to participate in the program, he/she must submit all of the required financial documents at least thirty (30) days before mediation. Fifteen (15) days from the date of the Order of Referral the borrower may submit to the RMFM Program a Borrower’s Request for Plaintiff’s Disclosure for Mediation. This document can be located under Forms. Mediations will generally take place at the Chester H. Ferguson Law Center, 1610 N. Tampa Street, Tampa, Florida 33602.
Authorization for Defense Counsel
In order to view a case and the accompanying documents on the RMFM Program Case Management Interface (www.rmfmpinterface.com), you must register as a user and be linked to the particular case. In order to do this, please send an email with a pdf of a pleading or Notice of Appearance in each case to agreer@hillsbarfoundation.com and register on the RMFM Program Case Management Interface (www.rmfmpinterface.com). Once approved, you will be linked to that case. All information provided by the borrower and plaintiffs will be uploaded into the RMFM Program Case Management Interface (www.rmfmpinterface.com). You will also be able to view the current status of the case in the system. If your name does not appear on the court order referring the case to mediation, you must serve the Program manager with a Notice of Appearance, otherwise the Program Manager will not know to contact you on behalf of your client. As the Program Manager has to rely upon the contact information provided by the Plaintiff, which may be incorrect or incomplete, the Program manager may close your client’s case for failure to participate as it was unable to contact your client based upon the information provided or if your client has failed to respond in a timely manner. When you file your notice, please provide complete contact information for yourself and your client. This notice must be filed as soon as possible to avoid case closure.
If you have any issues accessing a case, registering as a user, or any other questions regarding the RMFM Program Case Management Interface , please contact The Center for Financial Counseling at 877-822-4083.
The Mediation
Mediations usually take place on the second floor at the Hillsborough County Bar Foundation, Chester H. Ferguson Law Center, 1610 N. Tampa Street, Tampa, Florida, 33602. The Chester H. Ferguson Law Center is adjacent to the Stetson Law School Campus in downtown Tampa. Nonetheless, the borrower’s circumstances (lack of transportation or disability) may require that the mediation take place at an alternate location approved and assigned by the Program Manager.
The session will typically last between one and one-half hours to two hours. However, the session can continue as long as necessary for the parties to resolve the case.
Cancellations
Written notice to the RMFM Program of any change or cancellation of the scheduled mediation conference must be given at least five (5) business days (excluding holidays) prior to the scheduled mediation conference. The failure to provide timely notice of the cancellation of a scheduled mediation conference will result in the RMFM Program retaining the full mediation services fee. If the parties desire to reschedule a cancelled mediation which was not timely cancelled the party responsible for cancelling the original scheduled mediation conference will pay an additional $325.00 rescheduling fee to the RMFM Program unless the Court orders otherwise or the RMFM Program agrees to waive the rescheduling fee. The RMFM Program has the discretion not to reschedule a mediation conference until the rescheduling fee is paid.
Non-Compliance
If at any time after commencement of mediation services by the RMFM Program one or both of the parties (i) fails to timely complete the necessary financial document exchange (ii) fails to make themselves available for mediation in a timely manner, or (iii) cancels a mediation conference at least five (5) business days (excluding holidays) prior to the scheduled mediation conference date and refuses to reschedule the conference for any reason whatsoever, the RMFM Program will retain the full mediation services fee as payment for the mediation services previously rendered. If the plaintiff or the borrower fails to comply with the provisions of the Order of Referral, the RMFM Program will file a Notice of Non-Compliance with the court.