The purpose of this Bill is to provide notice to owners of residential real property owners that mediation with the mortgagee is an option at the onset of foreclosure proceedings. The Bill changes the mechanism by which borrowers are notified of foreclosures; instead of receiving a writ and summons, borrowers receive a notice of mediation, a foreclosure mediation certificate, and a blank appearance form. Borrowers still receive the writ, summons, and complaint, however. The lender must appear at the mediation with the authority to approve a proposed settlement in order to receive a remedy, and no attorney's fees will be awarded until a ninety-day window for mediation has elapsed. In order to participate in mediation, the property owner must return all forms to the court within the prescribed deadlines. Enactment of the Bill would triple the amount of mediations in Connecticut in a given year.
Ashley Brittain, Sean Dolan, Alicia Hammond, and Meghan Prideaux,
State Legislative Update,
2009 J. Disp. Resol.
Available at: https://scholarship.law.missouri.edu/jdr/vol2009/iss2/8