MORTGAGE MODIFICATION MEDIATION
FOR CHAPTER 13 DEBTORS ONLY
The Mortgage Modification Mediation Program (MMM) is a program designed to help qualified Chapter 13 debtors keep their homes by modifying their mortgage to an affordable payment. To qualify, the debtor must have steady income and pay 31% of gross income or 75% of the current mortgage payment (whichever is less) while the mediation is pending. Requesting mediation will allow debtors and lenders to discuss whether modifying a mortgage loan is feasible. Debtors who are successful may lower their monthly payment amounts and keep their homes.
Mediation is an informal meeting conducted by a neutral mediator (selected at random from a list of qualified mediators) who acts as a discussion facilitator. The mediator cannot force a lender to modify the debtor’s mortgage but can help the parties reach an agreement. Mediation is simply a way for debtors and lenders to discuss whether modifying the mortgage is possible.
Qualified debtors who want to use MMM, should complete and file a Notice of Motion and Motion to Participate in Mortgage Modification Mediation Program. Click here for the required form of Motion. Effective June 15, 2012, Debtors and Mortgage Creditors will use the DMM Loss Mitigation Portal to upload documents and communicate about forms and information required for the mediation. Click here for a description of the DMM Loss Mitigation Portal and for information about how to register.
Note: The mediation fee is $400. Debtors and lenders will each need to pay one-half of the fee ($200 each) to the mediator before attending the scheduled mediation. The Debtor also pays $60 to use the DMM Loss Mitigation Portal. Prior to filing the motion to participate in the MMM Program, the Debtor will be required to prepare the initial documents using www.documods.com and pay a fee of $60.
After the Motion is filed, the lender will have 14 days to object to participation in MMM. If no objection is filed a Mortgage Modification Mediation Order will be uploaded by the Clerk. Click here for the required form of order. Please note: lenders wishing to withdraw from the program must file a motion or objection to do so.
Once all documents have been submitted to the creditor or uploaded to the DMM Portal, the debtor must submit a certification of readiness. The DMM form can be found here.
Please read the all of the documents so you are familiar with the requirements. For a more detailed description of the program, please click here.
MINIMUM QUALIFICATIONS FOR THE
MORTGAGE MODIFICATION MEDIATION PROGRAM
Only Chapter 13 debtors can request mediation
Mediation limited to the debtor’s primary residence (investment properties do not qualify)
Debtor has steady income and can pay up to 31% of gross income or 75% of the debtor’s current mortgage payment (whichever is less) to the modified mortgage payment
Debtor and the lender must each pay half of a non-refundable $400 mediation fee ($200 each) to the appointed mediator before attending the scheduled mediation
Debtor pays $60 to use the DMM Loss Mitigation Portal to upload required documents and forms
Debtor pays $60 to prepare initial documents.