On August 31, 2009, Superior Court President Judge James T. Vaughn, Jr. released Administrative Directive 2009-3 creating the Delaware Residential Mortgage Foreclosure Mediation Program, which is designed to bring borrowers and lenders together to prevent foreclosure.  The program is the product of an 8-month consensus-building effort by a steering committee consisting of housing advocates, lenders, brokers, attorneys, housing counselors, legal services attorneys and government officials.

The Delaware program requires a foreclosing attorney to send a notice of the mediation process to a borrower when the borrower is served with the Notice to Lienholders of the pending foreclosure.  The borrower has 15 days to meet with a HUD-approved housing counseling agency to fill out a Universal Intake Form and submit a proposal to the mediation program and the lender’s attorney.  The proposal to the mediation program is sent to Delaware Volunteer Legal Services (DVLS).

Once DVLS receives the proposal and intake form they will schedule the matter for mediation.  Mediation conferences take place once a month in each of the county courthouses.  The parties appear at the courthouse for the scheduled mediation day and attempt to informally work out an agreement to avoid foreclosure.  If the parties cannot work out an agreement they meet with a pro bono attorney mediator who attempts to bring the parties to some type of consensus agreement.  If an agreement is reached, it is filed with the Court.  If no agreement is reached, the lender may proceed with foreclosure.

Click Here to open a PDF copy of Administrative Directive 2009-3

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Related Links

Delaware Links

Delaware Foreclosure Help
Information and assistance for Delaware Homeowners, Renters and Communities threatened by foreclosure crisis
http://www.deforeclosurehelp.org

Delaware Emergency Mortgage Assistance Program (DEMAP)
Commonly referred to as the DEMAP Program, this statewide program operated by the Delaware State Housing Authority provides Delaware homeowners with assistance in preventing residential mortgage foreclosure(s) that result from circumstances beyond the homeowner’s control.
http://www.destatehousing.com/services/hb_demap.shtml

Attorney General’s Mortgage Fraud Task Force
The Attorney General’s Mortgage Fraud Task Force, in conjunction with the Delaware State Housing Authority and the Office of the State Bank Commissioner, is dedicated to reducing foreclosures statewide by:

  • Providing information about mortgages and the foreclosure process
  • Directing homeowners in need to certified housing counselors and other agencies that offer free services
  • Linking homeowners with state and federal programs that provide mortgage assistance
  • Taking aggressive law enforcement action against foreclosure scams

http://attorneygeneral.delaware.gov/mortgageforeclosure/

National Links

HOPENow
HOPE NOW is an alliance between counselors, mortgage companies, investors, and other mortgage market participants. This alliance will maximize outreach efforts to homeowners in distress to help them stay in their homes and will create a unified, coordinated plan to reach and help as many homeowners as possible. The members of this alliance recognize that by working together, they will be more effective than by working independently.
https://www.hopenow.com/

HUD Foreclosure Help
HUD website to assist homeowners facing threat of foreclosure.
http://portal.hud.gov/portal/page/portal/HUD/topics/avoiding_foreclosure

Making Home Affordable Program
The Home Affordable refinance and modification program is designed to allow existing homeowners to keep their homes by making mortgage payments affordable. If you can no longer afford to make your monthly loan payments, you may qualify for a loan modification to make your monthly mortgage payment more affordable.
http://makinghomeaffordable.gov/

Veterans Affairs Loan Program
Information for programs helping veterans encountering problems making their mortgage payments.
http://www.homeloans.va.gov/docs/delinquent_veteran_borrowers_in_delinquency.pdf

USDA Rural Development Home Loans Information
Information for borrowers with RDHA Home Loans.
http://rdhomeloans.usda.gov/fcls.html