PREMIUM CONTENT. ADVANCED SKILLS. BECOME A MEMBER. SIGNUP →

Library / Real Estate / Construction

Solutions Needed in Foreclosure Mediation Stalemate

Unlike most states who have had foreclosure programs for a while, Oregon just began its program just this year in 2012. Given recent changes in state legislation and state laws, “Oregon’s foreclosure mediation program started operating in July under about as difficult a set of circumstances as one could imagine.” There is still hope that the program will help provide solutions for individuals facing home foreclosure.

Read More →

What a Plaintiff Really Wants

In my many years handling complex, construction matters, I’m always amazed when I discover the real issues and what a plaintiff really wants from a defendant. Although a complaint is always asking for money for repairs, damages, etc., sometimes the real tipping point for a settlement lies in another completely different, and many times, unknown issue.

Read More →

D.C. Foreclosures May See Longer Mediations

D.C. homeowners facing foreclosures could soon have longer for mediation and have their rights expanded if they receive defective default notices under a plan city lawmakers are considering. Consumer advocates, auctioneers and Mayor Vincent Gray’s administration are all pressing for changes to the District’s foreclosure laws, which were the target of a 2010 overhaul in the wake of the national housing crisis.

Read More →

Training Set to Begin for Mediator Program

Oregon offers new foreclosure mediation program which is attracking hundreds who are interested in becoming state mediators. “Lawmakers passed a bill this year that requires some lenders to sit down with distressed homeowners to find an alternative to foreclosure if the borrower requests mediation” but before the program can officially start in July, the state needs qualified mediators.

Read More →

Construction Defect Case Settled in Less than Two Years

Contemporary condominium building in San Francisco was a focal point of ongoing litigation in a construction defect case. The settlement was reached in mediation in less than two years after the suit was filed for $1.7 million dollars or approximately $75,000 per unit, funded by insurance companies for the builders, general contractors, and subcontractors.

Read More →

Mass. Senate Passes Anti-Foreclosure Bill

Senators voted to set standards to require banks to analyze every loan before opting for foreclosure. Banks are now required to offer a reasonable modification if that analysis is better for the bank than the foreclosure. Additionally, “The Senate amended the bill to include provisions, such as the creation of a foreclosure mediation program that would bring mortgage lenders and homeowners together.”

Read More →

When Co-owners Split, It’s Expensive

When “twosomes” buy a house, the situation becomes very complicated when the pair parts ways. A realtor notes, “If one person doesn’t want tot sell, then you can’t sell the house-that’s the law.” Mediators can often help the situation particularly if the parties are on good terms and they agree to call in appraisers and average the value of the home.

Read More →

Evicted Low-Income Tenants Look for New Homes

Nearly two months ago, decades of tenants were evicted in Santa Barbara. Many evicted tenants are turning to mediation as an option. The Rental Housing Mediation Task Force and New Beginnings Counseling Center are assisting various tenants. Veronica Lowe, Director of Housing Management, “It has been difficult, but we’ve had other agencies helping us. I think with the collaboration, it just helped a lot.”

Read More →

Mediation Always Optional, Arbitration Often Mandated

Arbitration and mediation: both are forms of ADR. In the condominium arena, it is clear that one is mandatory and the other is optional. While Mediation is optional across the board, “Arbitration is mandated whenever there is a disagreement between two or more parties in certain situations.”

Read More →

Illinois Deals with Foreclosure with Unique Program

Last year, the Illinois Supreme Court approved a mortgage mediation program to help prevent foreclosure. Since then, 175 applications have been submitted to the Madison County Residential Mortgage Foreclosure Mediation Program and almost 40 have been approved. Program Director Linda Jun notes that if an application is approved, “a premeditation conference will be held to analyze the homeowner’s situation and how a mortgage modification can help.”

Read More →

House Hunters Cry Foul in Arbitration

As Los Angeles came of age in the 20th century, a stately Windsor Square mansion served as a command post for the city’s most powerful couple. Today, the city-designated historic-cultural monument is the focus of an unseemly dispute involving two house hunters who claim they were swindled into buying the compound for more than $8 million, only to find that it was “rotten to the core,” according to arbitration documents.

Read More →

Oregon Foreclosure Aid Bill

Oregon congress people brief the House and Senate leaders earlier this week about legislation that would allocate funds to provide direct assistance for Oregonians. Rep. Gene Whisnant said, “Our amendment to SB 1552 expands homeowner assistance to include counseling and mediation services by using the Oregon Housing and Community Services agency to distribute dedicated funds from the recently announced bank settlement agreement.”

Read More →

Mediating Farm Debts

In the University of Minnesota Extension Farmer-Lender Mediation Program’s annual report shows that the number of troubled farmers requesting mediation has dropped by nearly 25 percent in the last year. Extension senior associate dean says, “In recent years, farmer-lender mediation has given farm operations the chance to stay in business until better times.

Read More →

Mandatory Mortgage Mediation

Delaware launches its first mortgage mediation mirrored after the successful foreclosure mediation program in Philadelphia. The program will be mandatory for lenders but optional for borrows. While some mediation programs like these have failed, hopefully Delaware will have more success.

Read More →

DOJ Supports Mediation

The housing market in the United States has various problems. The supply and demand is out of balance, and without a coherent housing market, the problem will continue. “One of the best ways to attack the supply side of the problem is to do whatever we can to reduce the number of foreclosures.”

Read More →

Mediation Programs Receive Help

A new report has been released by the Justice Department called “Foreclosure Mediation: Emerging Research and Evaluation Practices.” To create the report, Access to Justice Initiative gathered results from a workshop in March 2011 with various foreclosure mediation programs researchers and stakeholders.

Read More →