A Mediation May Be Your Best Option When The Bank Won’t Offer You a Modification

Attempting to obtain a modification by dealing directly with your bank can be an incredibly frustrating process and oftentimes fruitless effort.  Only a very small percentage of borrowers who attempt to get a modification end up getting a permanent one.  Jerron Kelley, Managing Partner at Kelley & Grant, P.A. says, “Countless clients have told me that their banks denied them outright, strung them out with endless diligence requests, or provided trial modifications where the borrowers paid on time but still weren’t given permanent modifications.  And during this process the banks were often moving forward aggressively with their foreclosure actions.”

A better solution for many homeowners who are already at least several months in arrears or currently facing a foreclosure case is to request a mediation through the Court.  New rules have been handed down by the Florida Supreme Court and all Florida District Courts now have programs in place for mandatory mediations.  Those homeowners who have cases that were filed before mid-2010 have the right to ask for a Court ordered mediation as well. 

At the mediation the borrower can be reviewed for a good-faith modification offer by the bank.  A decision maker from the bank who has full authority to offer a modification is required to be there either in person or by phone, as well as the bank’s attorney, the borrower, and the borrower’s attorney.  The objective is to work out a possible solution for the borrower to either keep his or her home, or to be considered for other options such as a deed-in-lieu or a short sale.  This process eliminates the common frustrations of a borrower not being able to communicate with a representative from the bank who has decision making authority.  If you would like more information regarding a possible mediation you should contact a local foreclosure defense attorney.