What is the foreclosure mediation program?
A foreclosure mediation program is available to assist homeowners facing a mortgage foreclosure action in Waukesha County. Mediation is a confidential, informal and voluntary process where you and the lender seeking to foreclose on your home may discuss ways to resolve your foreclosure case, including reinstatement of the loan and modification of any loan terms. Please see the Notice of Available of Mediation and the Foreclosure Mediation Program Process Description for more information.
You must live in, own and be the borrower on the property that is subject to the foreclosure action to qualify for mediation under this program. The property must have four units or less and the foreclosure lawsuit must be started by the first mortgage owner (not a condo association, a taxing authority or a second mortgage owner).
How Do I Apply for Mediation?
Within 20 days from the date you received the foreclosure Summons, complete the Request form and return to MMFMP. (Mail: PO Box 633, Milwaukee WI 53201, Fax: 414-939-8803, or email Apply@MediateMilwaukee.com.)
If you are deemed eligible for mediation, you will receive the name of your housing counselor within two (2) business days.
Call and meet with your assigned housing counselor and help them put together a complete financial package. Promptly collect and deliver to them all of the items they request. This step is critical and should be done within two (2) weeks or sooner.
Pay to MMFMP the application fee of $400 by check, money order or call to make a credit card/debit card payment. (Phone: (414) 939-8800)
*Please Note: You have not “applied for mediation” and are not “in mediation” until you have completed all three steps above. Once you have fully completed all three steps, you will be considered “in mediation”.
Mediation is voluntary for you and your lender, so your lender will be invited to join. If they do not, MMFMP will refund all but $50 of your fee. Some reasons lenders may not participate include situations where mortgages were previously refinanced or modified under programs such as HARP or HAMP or when prior modification did not work out.
Does the foreclosure stop during the mediation process?
Even after applying for mediation, the homeowner is required to comply with all mandatory deadlines set by the court, including the time to answer the Complaint. Please read the Summons and Complaint and make sure you understand your rights and the time period for filing an Answer or Responsive Pleading. If you do not file an Answer or Responsive Pleading, the court may grant judgment against you and you may lose your right to object to anything that you disagree with in the Complaint.
Does the homeowner need a lawyer to participate in the mediation program?
While everyone is always strongly encouraged to be represented by an attorney, homeowners are not required to be represented by an attorney. You can contact the Lawyer Referral and Information Service to obtain the names of attorneys who may be able to assist you: http://www.findmilwaukeelawyers.org or by telephone at (262) 544-4016 or fax: (414) 274-6765. The referral system is open Monday-Friday from 8:30 a.m.-5 p.m.
Who must attend the mediation session?
The mediation session must be attended in person by all homeowners. A representative of the lender must also attend in person. The servicer will attend by telephone. Either party may have other support persons such as attorneys, loan officers and tax advisers, available by phone.