I have received a Notice of Non-Participation but I would like to participate.
I need more information to decide if I would like to participate.
I am enrolled in the RMFMP – what is the next step?
What can I do if I Received a Notice of Non-Participation, but I would like to participate?
If the letter was certified within the last 30 days follow these instructions to get your client back into the program. If the letter was certified more than 30 days click here.
In order for our office to file a Notice of Withdrawal of Non Participation with the Court there are several steps you must take:
To obtain the necessary financial documentation please contact The Center for Financial Counseling with the Borrower’s first and last names, complete case number (format 20??-CA-??????), and an email address you wish the initial packet to be sent to. Complete and return all of the necessary documentation to:
The Center for Financial Counseling
4910-B Creekside Drive
Clearwater, FL 33760
-OR-
Email to: [email protected]
-OR-
Fax to: (877) 822-3551
In order to be admitted back into the RMFM Program, you must submit three items:
1) The attached Participation Documents,
2) The required financial documents, and
3) a Request Letter.
These are described below.
1) The Participation Documents are attached to this email. These documents must be fully completed and returned to us.
2) The required Financial Documents refers to copies of necessary financial documents to begin financial counseling this includes the two (2) most recent:
1) Paystubs or proof of income
2) Bank statements
3) Tax returns
4) Any other documentation relating to your income or finances which may be necessary to help your assigned financial counselor to assist you.
These must be complete and returned to us.
3) Finally, along with the above information, you must include a Request Letter indicating your desire to be readmitted to the RMFM Program. The letter needs to include the following information:
Your Name
Case Number
Your property address
Your mailing address if different from your property address
Your current telephone number
The best time of day to contact you
Your current email address
A Participation Statement indicating why you would like to mediate in the RMFM Program.
A Statement of Commitment, whereby you agree to complete the steps necessary to complete the RMFM Program in a timely manner (in no greater than 60 days).
Once all of the three completed items above are received we will process a Notice of Withdrawal of the Notice of Non-Participation which will notify the Court that your case has been reopened in the RMFM Program. At that time we will forward all documentation to The Center for Financial Counseling.
Please note that is your responsibility to complete and send in all the paperwork. Once you complete the paperwork you must contact the Center for Financial Counseling. It is also your responsibility to complete all of the steps necessary to finish financial counseling in a timely manner. Failure to complete all of the steps may result in a second Notice of Borrower Non-Participation being filed with the Court. If a second notice is filed, you will be required to obtain a Court order allowing you back in the program.
To contact The Center for Financial Counseling please call, toll free, (877) 822-4083.
If you have retained an attorney, please provide a Notice of Appearance and the contact information for your attorney.
If the Notice of Non-Participation was issued greater than 30 days ago; you will need to file a Motion to Participate in The RMFMP with the Thirteenth Judicial Court. After your Motion is granted, you will need to provide the Program Manager a copy of the Motion, you may submit this by mail:
Hillsborough County Bar Foundation
Chester Ferguson Law Center
1610 N. Tampa Street
Tampa, FL 33602
-OR-
Fax: (813) 221-7707
-OR-
Email: [email protected]
Please include the Notice of Appearance if one has not already been submitted for the case. Then you must complete the steps listed above.
I need more information to decide if I would like to participate.
What is Residential Mortgage Foreclosure Mediation?
The Residential Mortgage Foreclosure Mediation Program (RMFM Program) has been ordered by the Florida Supreme Court (Administrative Order SC09-54) and Hillsborough County’s Thirteenth Judicial Circuit (Administrative Order S-2011-010) in response to the extensive number of foreclosure cases that have been filed in Florida’s and Hillsborough County’s court systems. This program requires all residential homestead foreclosure lawsuits that have been filed in Hillsborough County on or after August 2, 2010 to be referred to mediation before any final order of foreclosure is entered. The goal of mediation is to assist homeowners (borrowers) and lenders (mortgage holder, company or bank) to work out an agreement that will prevent foreclosure.
Who is administering the RMFM Program in Hillsborough County?
The Thirteenth Judicial Circuit’s Chief Judge has appointed the Hillsborough County Bar Foundation as the Program Manager of the Residential Mortgage Foreclosure Program (RMFM Program).
What is foreclosure?
Foreclosure is a legal process that occurs when a person who holds a mortgage loses the right to continue to do so, usually because mortgage payments have not been made in accordance with the terms of the mortgage. The lender that holds the mortgage files a lawsuit to recover the property.
What does ‘homestead’ or ‘homestead exemption’ mean?
Homestead exemption is a tax benefit that is offered to homeowners. The amount of taxes owed on the property is reduced if the property is used as the homeowner’s primary residence and the homeowner has properly filed for a Homestead Exemption with the State of Florida. While Homestead property is normally free from creditors, it is not protected against foreclosure for loans on the property. The RMFM Program requires that foreclosure cases that are sent to mediation are for residential homestead properties that are already documented as such in the Tax Collector’s records.
What is mediation?
Mediation is a meeting that is attended by the homeowner (borrower/defendant), any co-borrower, the homeowner’s legal counsel (if any), the lender (plaintiff), and the plaintiff’s legal counsel (if any). A discussion is held among the parties to determine if an agreement can be reached that will help the homeowner avoid foreclosure. A trained Florida Supreme Court Certified mediator is a neutral third party who helps both parties negotiate a fair and voluntary agreement. The mediator does not favor either the homeowner or the lender, does not decide who is right or wrong, and does not provide legal advice. Participating in a mediation does not guarantee that a settlement will be reached, or that the property will not be foreclosed, but provides an opportunity for the homeowner to discuss these matters directly with the lender with the assistance of the mediator.
What does the RMFM program cost, and am I required to participate?
There is no charge to participate in the program. If the homeowner is able to reach a settlement, the costs of the program may be added by the lender to the costs of the loan. This is a voluntary program on the part of the homeowner. If the homeowner declines to participate, the foreclosure case is sent back to the Court and the foreclosure action will continue.
Why should I participate in mediation?
There are many reasons why homeowners experience difficulty in paying their mortgage. Mediation provides an opportunity for the homeowner and lender to discuss these problems in a fair and balanced manner with the help of a mediator. Mortgage lenders do not typically want to own houses, so mediation can offer a chance for both parties to reach a realistic, practical solution before foreclosure occurs.
How do I enroll in the program?
Each Hillsborough County qualified homeowner who is served with a notice of foreclosure on their residential homestead property on or after August 2, 2010 will automatically receive enrollment information about mediation from the RMFM Program Manager. If a foreclosure lawsuit has already been filed, please submit a Request to Participate in RMFM Program with the Court.
I am enrolled in the RMFMP – what is the next step?
How does the program work?
If the homeowner decides to participate, he/she is first required to speak to an approved foreclosure financial counselor before the mediation takes place. There is no charge to the homeowner for financial counseling (if the homeowner is able to reach a settlement, the costs of the program may be added by the lender to the costs of the loan). The financial counselor and homeowner will discuss the homeowner’s circumstances, and the financial counselor will give the homeowner basic information as to what options are most realistic for his/her situation. If the homeowner wishes to proceed with mediation, a session will be scheduled with the homeowner and the lender. We will attempt to call you to schedule the mediation session, our call will show as 000-0000 on your caller id. Please advise your financial counselor if you have preferred days or times for scheduling a mediation. We offer mediation sessions Monday through Friday (closed holidays) at 9:00 a.m., 11:00 a.m., 1:00 p.m., and 3:00 p.m. Mediation sessions are scheduled for two hour increments.
What can I expect as a result of mediation?
The mediator will conduct a neutral and impartial session during which the homeowner and lender discuss what can realistically be done to avoid foreclosure. If the homeowner and lender can agree on a way to accomplish this, a settlement agreement will be drafted and presented to both parties for signature at the end of the mediation session. With some limited exceptions, the mediation is confidential. The Court will recognize the mediation agreement as final and binding. Mediation does not guarantee that a settlement will be reached, or that the property will not be foreclosed. It does offer the homeowner the opportunity to meet with the lender in person and discuss possible options with the assistance of a mediator.
What financial information will I need to provide?
Borrowers will need to file a Foreclosure Mediation Financial Worksheet. The information required for completion of this Worksheet includes personal data, employment information, a complete list of expenses and liabilities, a complete list of assets and an explanation as to why you are unable to meet your mortgage obligation. Click here to see a list of documentation recommended to bring with you to facilitate your mediation. (LINK TO THE PRINTED MATERIAL)
What happens if my lender and I can’t reach a settlement agreement?
If an agreement cannot be reached, the case will be returned to court. If there is a possibility of reaching a settlement, but more time is required to do so, another mediation session can be scheduled.
What happens if I decide not to enroll in the program, if I don’t complete the financial counseling process, or I don’t attend my mediation?
The homeowner’s participation in the program is voluntary, and if he/she decides not to enroll, the case will be returned to the Court. If a borrower does not complete financial counseling, or does not attend his/her scheduled mediation session, the case will be returned to court.
Do homeowners need an attorney to participate in mediation?
The homeowner is not required to have an attorney. However, the decision to have an attorney is matter of personal choice.
Where will the mediation be held?
Mediation meting will be held in downtown Tampa at the Hillsborough County Bar Foundation, Chester Ferguson Law Center (adjacent to Stetson Law School Campus),1610 N. Tampa Street, Tampa, FL, 33602. If travel to downtown Tampa presents an extreme hardship to the homeowner, the Program Manager will attempt to schedule the mediation in a Program-approved alternate facility. Please send the request for an alternate site as soon as possible, but no less than ten days in advance of the mediation session.
Can I bring a family member or friend with me to the mediation?
If there is more than one borrower listed on the loan or mortgage, the co-borrower is required to attend. If the homeowner is the only borrower and feels the need to have someone accompany him/her for the purpose of talking over the information/options being presented, this is permitted as long as the person accompanying the borrower is an adult, and understands that they are not allowed to take an active role in the negotiation. Children are not allowed to come to the mediation.
What if the homeowner doesn’t speak English?
If the homeowner’s primary language is one other than English, they are strongly encouraged to bring an adult family member or friend who can translate. If the homeowner does not have someone who can translate, please inform the Program of this need as far in advance as possible, but no less than ten business days in advance of the session. While every effort will be made to assist the homeowner, translation assistance cannot be guaranteed for every language.
What if the homeowner has a disability that requires special assistance during mediation?
If the homeowner has a visual, hearing or other disability that requires special assistance, they are strongly encouraged to bring an adult family member or friend who can provide assistance. If the homeowner does not have someone who can help, please inform the Residential Mortgage Foreclosure Mediation Program office of this need as far in advance of the mediation as possible, but no less than ten business days in advance of the session.