Foreclosure Mediation Packet
The comprehensive document package submitted for mandatory or voluntary foreclosure mediation — preparing this well can save your home.
A Foreclosure Mediation Packet is the complete set of documents a homeowner submits as part of a court-mandated or voluntary foreclosure mediation program. Many states (NV, NJ, NY, IL, FL, MD, and others) and some municipalities have mandatory foreclosure mediation programs. The packet typically includes: Mediation Intake Form, Hardship Affidavit, Financial Worksheet, tax returns and pay stubs, bank statements, loan documents (Note, Mortgage, assignments), a proposed resolution (modification proposal, short sale, DIL, etc.), any evidence of servicer errors or dual tracking, and any relevant correspondence with the servicer. The mediation packet is the homeowner's one chance to present their complete financial picture and proposed resolution to a neutral mediator. A well-prepared packet can result in a modification being approved at the mediation conference.
Purpose
- 1Prepare a complete financial and legal case for resolution at a foreclosure mediation conference
- 2Demonstrate the homeowner's willingness and ability to resolve the default
- 3Provide the mediator with all facts needed to facilitate a resolution
- 4Comply with the court or program requirements for mediation participation
Who Prepares It
The homeowner (with an attorney or HUD-certified housing counselor) prepares the mediation packet. The packet must be complete, accurate, and submitted by the program deadline.
When It Is Used
Submitted before the mediation conference (typically 5-10 days before). Required for participation in mandatory foreclosure mediation programs.
Legal Effect
The mediation packet is the basis for the mediation conference. The mediator uses it to understand the homeowner's financial situation and facilitate a resolution. An incomplete or inaccurate packet can result in: denial of modification, a determination that the servicer has complied (no further mediation), or a loss of the mediation opportunity entirely. In some states, the mediation conference results in a court order that is enforceable against the servicer.
Common Mistakes
Homeowner Rights
Other Loan Modification & Loss Mitigation Documents
Loan Modification Agreement
The binding contract that permanently changes the terms of your mortgage — lower rate, extended term, principal forbearance, or other relief.
Borrower Assistance Package
The complete set of documents required by the servicer for a loss mitigation review — also called a Complete Loss Mitigation Application (CLMA).
Loss Mitigation Application (Uniform Borrower Assistance Form)
The standardized application form (Form 710) used to apply for mortgage assistance — the gateway document for all loss mitigation options.
Forbearance Agreement
A temporary agreement to reduce or suspend mortgage payments — distinct from a permanent modification and with important conditions at the end.
Repayment Plan
An agreement to catch up on missed payments by paying extra each month — spreading the arrears over time without changing the underlying loan.
Partial Claim Agreement (FHA)
The FHA loss mitigation option that uses HUD funds to pay arrears as a junior lien — available only for FHA-insured loans.
Short Sale Package
The complete application to sell the home for less than the mortgage balance — the alternative to foreclosure that requires lender approval.
Deed in Lieu of Foreclosure Package
The application to voluntarily transfer the property title to the lender — avoiding a formal foreclosure process.
Frequently Asked Questions
Is foreclosure mediation mandatory in my state?▼
Mandatory mediation programs exist in: Nevada (mandatory for owner-occupied), New Jersey (Judiciary Foreclosure Mediation Program), New York (mandatory settlement conferences under CPLR 3408), Florida (voluntary managed mediation program — some circuits), Illinois (mandatory mediation in certain counties), Maryland (foreclosure mediation program), and others. Some non-judicial states (like California) do NOT have mandatory mediation but may have voluntary programs or local court mediation. Check your state and county for specific programs.
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