Q. Will I receive a notice to request mediation, or will my house go straight to a court house sale?
1. Your lender is required to file either a preliminary or final loss mitigation affidavit with the Order to Docket. This is a statement that the lender has considered you for foreclosure alternatives and explain why the lender has been unable to consider you for any mitigation options.
2. Before a lender may proceed with scheduling a foreclosure sale, they must complete a final loss mitigation affidavit and submit it to the court. In addition, they must provide you with a copy of the affidavit and a mediation request form.
3. To request mediation, you must submit the mediation request form with the $50 filing fee within 25 days of when the final loss mitigation affidavit was mailed. The court will have the Office of Administrative Hearings schedule a mediation for approximately 30-60 days from when you request mediation.
4. If you do not request mediation, the lender may schedule a sale of the property for 30 days or later after the final loss mitigation affidavit has been filed.
5. If you do request mediation, the lender may not schedule a sale until after the mediation has been completed. If no agreement is reached in mediation, the lender can schedule the sale for 15 days after the mediation was held.
6. If your lender proceeds with scheduling a sale, they must place an advertisement including the date, time and location of the sale and a description of the property to be sold in the legal notices section of a local newspaper for three consecutive weeks in the area where the property is located.
7. You also must be given notice by certified and first class mail of the time, place, and terms of the pending foreclosure sale. This notice must be sent no later than 10 days prior to the scheduled sale date.