The newly enacted Foreclosure Diversion Program seeks applicants who are interested in being trained as foreclosure mediators in preparation for the program’s state-wide launch in 2010. Professionals trained in the areas of law, accounting, banking, or mediation as well individuals with work experience that includes foreclosures, credit and collections work, or work done on behalf of creditors…

Foreclosure Diversion Program Information for Potential Mediators

What is the Foreclosure Diversion Program?

The Foreclosure Diversion Program has been established pursuant to statute P.L. 2009 ch. 402, An Act To Preserve Home Ownership and Stabilize the Economy by Preventing Unnecessary Foreclosures, (effective June 15, 2009) and its purpose is to assist homeowners and lenders in achieving mutually agreeable resolutions to mortgage foreclosure actions through the diversion process. Unless waived by the homeowner, the statute requires both homeowners and lenders to attend mediation before a mortgage foreclosure action can be completed; only mortgage foreclosure actions on certain owner-occupied residential property located within the State of Maine are subject to this requirement. Currently, the Foreclosure Diversion Program is in its pilot phase and operates only in York County with the assistance of trained Active Retired Judges and Justices serving as mediators. However, beginning in 2010, the program will be available state-wide and will require a broader base of mediators trained by the Foreclosure Diversion Program.

What are the responsibilities of a Foreclosure Diversion Program Mediator?

Foreclosure Diversion Program Mediators will be expected to lead homeowner and lender mediation sessions and address all issues of foreclosure including, but not limited to: proof of ownership of the note and any assignments of the note, calculation of the sums due on the note for principal, interest, and any costs or fees, reinstatement of the mortgage, modification of the loan, and restructuring of the mortgage debt. Mediators will also be responsible for completing and filing financial forms and court-created mediation reports, which may involve the use of computerized word processing, spreadsheets, and database programs.

What is required to become a mediator in this program?

The program seeks candidates who: are educated and experienced in the professions of law, accounting or banking; have work experience that includes foreclosures, credit and collections work; or have done work on behalf of creditors or debtors in actions to collect on mortgages, notes, or debts. Alternatively, the program seeks candidates with mediation training and experience and the ability to mediate financial matters. Each mediator will need to have his or her own portable computer with Internet capability and the ability to print documents from that computer during the mediation session. Because this is a state-wide program, candidates from all areas of the State are encouraged to apply.

The program requires all Foreclosure Diversion Program Mediators to attend training and receive certificates of qualification before they will be eligible to participate. The three-day mandatory training will be held in Augusta on December 1-3, 2009. The training will cover Maine mortgage law, mortgage securitization and the secondary market, community resources available to homeowners, mortgage assistance programs, and training on the FDIC forms used in the program, among other topics. Individuals with no prior mediation experience may be required to attend further training in mediation.

What if I cannot attend the mandatory December 1-3, 2009, training in Augusta?

If you are interested in becoming a Foreclosure Diversion Program Mediator, but are unable to attend this training, please apply at this time and explain your unavailability in your application. Although no additional training dates are scheduled at this time, it is possible that another training session may be added in the future.

How do I apply to be a mediator?

After consulting the Foreclosure Diversion Program Mediator requirements, candidates interested in becoming a Foreclosure Diversion Program Mediator must complete and return theForeclosure Diversion Program Mediator Application and attach any necessary, additional documentation that establishes his or her qualifications to the Foreclosure Diversion Program by Friday, October 16, 2009. Applications should be sent through the mail.

Please send applications to:
Foreclosure Diversion Program
Administrative Office of the Courts
P.O. Box 4820 Portland, Maine 04112-4820.

Are Foreclosure Diversion Program Mediators paid?

Yes. Mediators will be compensated at the rate of $175 per half day and $300 for a full day. Only miles actually traveled less the first twenty miles will be reimbursed. There will be no reimbursement for incidental expenses, such as tolls, parking expenses, or parking tickets.

Whom may I contact if I have questions about this program?

If you have questions or suggestions about the Foreclosure Diversion Program, please contact: Lauren Blake Weliver, Manager of the
Foreclosure Diversion Program at (207) 822-0706 or by email FDMP@maine.gov.