The Chief Court Administrator shall establish in each judicial district a foreclosure mediation program in actions to foreclose mortgages on residential real property or real property owned by a religious organization. On and after July 1, 2019, such program shall be known as the “Ezequiel Santiago Foreclosure Mediation Program”. Such foreclosure mediation shall (1) address all issues of foreclosure, including, but not limited to, reinstatement of the mortgage, disposition of the property through means other than the foreclosure process, including short sales and deeds in lieu of foreclosure, assignment of law days, assignment of sale date, restructuring of the mortgage debt and foreclosure by decree of sale, and (2) be conducted by foreclosure mediators who (A) have a duty to be unbiased and are employed by the Judicial Branch, (B) are trained in mediation and all relevant aspects of the law, as determined by the Chief Court Administrator, (C) have knowledge of the community-based resources that are available in the judicial district in which they serve, and (D) have knowledge of the mortgage assistance programs. Such mediators may refer mortgagors who participate in the Ezequiel Santiago Foreclosure Mediation Program to community-based resources when appropriate and to the mortgage assistance programs. Such mediators shall not give legal advice to any party in mediation.
(P.A. 08-176, S. 17; P.A. 11-201, S. 3; P.A. 13-136, S. 3; P.A. 19-145, S. 5.)
History: P.A. 08-176 effective June 12, 2008; P.A. 11-201 deleted program establishment date of July 1, 2008, and added reference to real property owned by a religious organization; P.A. 13-136 required mediation to address the disposition of property through means other than the foreclosure process, required mediators to have a duty to be unbiased and prohibited mediators from giving legal advice to any party in mediation, effective July 15, 2013; P.A. 19-145 added “On and after July 1, 2019, such program shall be known as the “Ezequiel Santiago Foreclosure Mediation Program”.”, and replaced “foreclosure mediation program” with “Ezequiel Santiago Foreclosure Mediation Program”, effective July 1, 2019.