1. Amended LM/MM Program
The Loss Mitigation/Mortgage Modification Program was amended effective January 15, 2017 as provided in the December 19, 2016 News and Announcements posting, which is available here.
I. Forms: Chambers has received requests for copies of the new forms in individual word documents. These documents are attached below:
Notice and Motion for Loss Mitigation/Mortgage Modification
Order Requiring Loss Mitigation/Mortgage Modification
Order Appointing LM/MM Mediator
II. Exemption: The amended LM/MM procedures provide that a mediator will be appointed in every case in which the Portal is utilized unless otherwise exempted by the Court. Parties may request an exemption by filing a motion (using the Motion event in CM/ECF) or correspondence simultaneously with the filing of a Notice and Motion for Loss Mitigation/Mortgage Modification which demonstrates cause. Since the exemption may be granted without a hearing, the proposed Order Requiring LM/MM may be modified to remove references to the mediator. An example of a modified Order Requiring LM/MM (without reference to a mediator) is available here. The granting of such an exemption, however, may limit the debtor’s ability in the future to seek the appointment of a mediator or other enforcement of the LM/MM Order.
2. Reporting Non-Portal LM/MM Efforts
As stated in the Chambers Guidelines for Judge Waites and required by the Order Regarding Loss Mitigation/Mortgage Modification Procedures entered early in each chapter 13 case, parties shall report to the Court through correspondence any non-portal loss mitigation/mortgage modification efforts during the bankruptcy case. Failure to timely report these non-portal efforts may result in the Court requiring a hearing attended by all parties to consider any Consent Order Approving Loss Mitigation/Mortgage Modification (Non-Portal) or Consent Order Approving Trial Period Plan (Non-Portal) filed with the Court.
3. Standard 362 Settlement Order for Lack of Insurance
Judge Waites has developed a standard 362 settlement order for use in circumstances where lack of insurance or force placed insurance was the cause of the 362 motion. This standard 362 settlement order is available here.
The judge invites comments or questions regarding these announcements to be sent to Andrew_Powell@scb.uscourts.gov no later than February 14, 2017.