Our office also handles foreclosure mediation. Since July 1, 2010 every person facing a foreclosure case in the Circuit Court in Maryland is entitled to mediation before a sale date is scheduled by the lender. The law was enacted to help homeowners prevent the foreclosure by getting a loan modification, if they qualify, or to find an alternative to foreclosure. The law gives homeowners an opportunity to meet with the lender and an administrative law judge, in a mediation conference, to ensure that alternatives to foreclosure have been considered, and negotiated and evaluated. Lenders are represented by counsel at the mediation and it is advantageous that the homeowners also have an attorney to represent them at the mediation.
When an Order to Docket a foreclosure action is filed with the Circuit Court, if the homeowners have failed in a prior loan modification, the lender must notify the homeowners that they are entitled to mediation and enclose a “Request for Mediation Form.” Homeowners will have 15 days from the date the Order to Docket is received by them to complete the form and return it to the Office of Administrative Hearings . The homeowners must complete the form, send it to sent to the administrative law judge and a copy to the lender’s attorney. A filing fee of $50 must be paid and sent to the administrative law judge along with the original form. The court will notify the homeowners of the date, time and location of the mediation. Under certain circumstances a request for mediation can be filed after the 15 day deadline, especially in the event that the homeowner employs counsel later in the case.
Mediation is a process that can be used to resolve disagreements outside a courtroom. Both sides meet with a neutral third party, the administrative law judge, who tries to help them find a resolution. “Foreclosure Mediation” under Maryland law is designed to ensure that the lender and the homeowners meet and discuss the default in the mortgage payments and develop ways for the homeowners to resolve this default without having the bank foreclose. The bank will review the documents sent by the homeowners and determine if there are options available that the homeowners may qualify for.
Mediators are independent third parties organized by the Office of Administrative Hearings, an independent state agency. The Administrative Law are all certified mediators, who regularly conduct mediations in many types of cases including foreclosures. Their job is to assist the parties in an attempt to find an alternative to foreclosure and negotiate a resolution.
If a borrower fails to appear for a scheduled mediation, the administrative law judge will send the case back to the Circuit Court and the foreclosure sale may proceed. Should this occur, the borrower has 15 days from the scheduled mediation to file a motion to stay the foreclosure sale with the Circuit Court. If the lender does not come to the mediation, the administrative law judge will send the case back to Circuit Court on the day of the scheduled mediation and the Circuit Court may dismiss the foreclosure action.
Mediations are conducted in the following locations throughout Maryland at the Circuit Court in the following locations:
Anne Arundel County Mediations will be held at:
Circuit Court for Anne Arundel County
7 Church Circle
Conference Room 2A-83, 2nd Floor
Annapolis, Maryland 21401
Baltimore County and Harford County Mediations:
Circuit Court for Baltimore County
County Courts Bldg.
401 Bosley Avenue
Grand Jury Outer Room, 1st Floor
Towson, Maryland 21204
Calvert County, St. Mary's County, and Charles County Mediations:
Circuit Court for Calvert County
175 Main Street
Orphan Court Hearing Room - C110
Prince Frederick, Maryland 20678
Howard County and Frederick County Mediations:
Howard County District Court
3451 Courthouse Drive
Mediation Room 1-A
Ellicott City, Maryland 21043
Montgomery County Mediations:
District Court for Montgomery County
8552 Second Avenue
Hearing Room 203
Silver Spring MD 20910
or
District Court for Montgomery County
27 Courthouse Square
ADR Office, 1st Floor
Rockville, Maryland 20850
or
Office of Administrative Hearings - Wheaton
Westfield North, Suite 205
2730 University Boulevard, West
Wheaton, Maryland 20902
Prince George's County Mediations will be held at:
Prince George's County Court House Annex
14701 Governor Oden Bowie Drive
Courtroom 241-A
Upper Marlboro, Maryland 20772
or
Prince George's County Court House Annex
14701 Governor Oden Bowie Drive
Jury Room 237-A
Upper Marlboro, Maryland 20772
Kent County, Talbot County, Dorchester County, Caroline County and Queen Anne County Mediations will be held at:
Queen Anne's County District Court
120 Broadway
ADR Room
Centreville, Maryland 21617
Baltimore City and Carroll County Mediations will be held at:
Office of Administrative Hearings
11101 Gilroy Road
Hunt Valley, Maryland 21031
Allegany County, Washington County, and Garrett County Mediations will be held at:
Office of Administrative Hearings-Cumberland
3 Pershing Street, Room 105
Cumberland, Maryland 21502
Worcester County, Wicomico County, and Somerset County Mediations will be held at:
Office of Administrative Hearings - Salisbury
District Court Multi-Service Center
201 Baptist Street, Room 3381
Salisbury, Maryland 21802
Cecil County Mediations will be held at:
Elkton MVA Branch Office
105 Chesapeake Blvd.
Suite A
Elkton MD 21921-6377
If you have decided that the best thing to do is to get out from under further home payments altogether, there are options for doing so without going through a foreclosure.Through a short sale or other option, you may be able to get clear of your mortgage without severe damage to your credit score.Again, it is important to have the help of a Baltimore foreclosure defense lawyer who can get results in this circumstance.You need someone representing you and negotiating for your best interests.
Contact a
Baltimore foreclosure defense attorney
immediately to find out how you may be able to avoid foreclosure!