How is Mediation used in Texas foreclosure cases?

In foreclosure cases, a homeowner is about to be foreclosed upon by a lending institution due to non-payment of mortgage payment. The lender then files a law suit, and the case is presented to a judge at a hearing. The good news is that there has been recent legislation passed that now gives the homeowners the option to mediate the foreclosure case. Many times there has been miscommunication and misunderstandings between the parties and during the Mediation, those issues are addressed.

What are some of the options available to Texas homeowners in a foreclosure Mediation?

There are four basic ones.

1) The homeowner can simply walk away, go through the foreclosure process, or declare bankruptcy.
2) They can arrange to do a short sale.
3) Homeowners can look at refinancing or remodifying their loan, taking advantage of available modification programs and tools such as debt consolidation and credit counseling.
4) Try to restore the original loan by paying the fees, the interest, the penalties, and the back payments.

What are some of the major benefits to a Texas homeowner when they choose to use Mediation in a foreclosure case?

There are several benefits.

1) It saves time, and lowers cost of long drawn-out litigation.
2) There is less stress for the homeowner.
3) We've found that there's about a 50% resolution in these Mediation cases. What that means is that it's possible for the homeowner to keep the home and to keep the lender satisfied.
4) The Mediation preserves limited judicial resources for other cases.
5) Mediation is efficient, meaning that the parties can have a real conversation. They get to meet face-to-face and to define the interests and issues, and to actually create options that eventually could lead to a collaborative resolution.

March 2014

Texas Association of Mediators Video Series - Mediation Video 4