Have the mediation components and other changes made life any easier? Do you think the revisions help the mortgagor in foreclosure proceedings as they were intended?
As an attorney who has had the pleasure of litigating foreclosures since the new revisions (both for the plaintiff and defendant), I’m still undecided. What I can say unequivocally is the process has become more complicated and costly — namely, for mortgagees.
For instance, while I was a law clerk, I developed a foreclosure checklist. At the time, 2009, the checklist was two pages long (in 2008, it was one page). When I left in August 2010, my checklist had expanded to four pages and included a new slot asking whether the $300 mediation fee had been paid by the mortgagee.
In my experience, very few mortgagors are taking advantage of the mediation opportunities afforded to them by the revisions. Consequently, I’m left asking what’s happening with that new $300 fee intended for mediation purposes?
Any anecdotal evidence on either side of the issue is welcomed.