What doc can i file to let court know im exploring mediati(prose)

3 Replies

hello my home is currently under for foreclosure. I answered the lis pendans and requested mediation from the lender.  I had a mediation request and they sent me a packet for which I filled out and I'm waiting for response. Its been ten days, in the meantime the mediator file a document, that said no agreement was reached at the mediation, which is not true. We agreed that i will be sent a package to fill out. I informed the attorneys for the plaintiff thatI was  working with the lender in trying to reach an alternative to foreclosure. The last docs filed were from the plaintiff in which they required a non jury trial. I believe the next step is for the courts to schedule the trial. What doc can i submit to the courts to let them know that i attended loan counseling from a national agency and i am working with the lender to seek an alternative to foreclosure, my fear is that it was scheduled the hearing while this is going on and next thing I know the house is foreclosed without getting a fair chance. Any information is greatly appreciated thank you in advance.

Dear John,

I have been involved with foreclosure investments since 2005.  We primarily purchased the properties before the auction took place.  It is important that you document each step to prevent the lender from taking an action towards you.  Did you answer the lis pendans within the time allowed?  If you did not answer in time, that could be the reason that the mediator filed "no agreement".  Do you have evidence that you submitted the documentation to the lender within the time allowed?  Meaning that you did not send the documents to them via regular mail with no ability to track it.  When it comes to those type of documents you need to submit them in a way which can be tracked.  Chances are the documents are in their possession and sitting on someones desk.  Please give me a call to discuss further (530) 338-6506

@John Wilson , foreclosure law can vary a lot from state to state.  Some states require mediation if requested some do not.  Nearly all states have redemption periods.  You might also investigate borrowing money from a friend just catch up your payments.  That would be easiest.  If you have decent equity can you sell it and make some money or even break even.  Just for the record you are talking about pro se, not prose.  I think pro se is latin for "for self", prose usually means writing.  In any event I wish you the best of luck.  Foreclosure can be hard on everyone.

Hi John 

First step first : Were you  served with the complaint? if so when 

second: did you hire an attorney to answer complaint or did it yourself.

responding is very important and what you responded.

Theres Florida foreclosure procedure , after responding , you must request

productions of documents to see what the lenders has in the case . this is done by motions

If time has past in your answer or late , you needed to ask extension of time to the court

with a motion. The lender attorney is not your best friend .

Third : how much you owe ? whats the current property value?

If you can provide me with the case number , I can see whats going on .

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