As a result of comments received from the bar and other parties, Judge Waites’ Chambers Guidelines implementing procedures for Home Mortgage Modification have been revised. Click here to view the changes.
The Loss Mitigation/Mediation Program has been added to facilitate communication between Debtors and certain Home Mortgage Creditors, who are familiar with and experienced in the use of the online portal process due to their participation in similar programs in other districts. The Program may be used both before and after confirmation.
Standard Chapter 13 plan language is provided to expedite confirmation of plans in which home mortgage modification is requested, including instances where the Loss Mitigation/Mediation procedures are ongoing at the time of confirmation.
The conclusion of all Loss Mitigation/Mortgage Modification efforts should be reported to the Court; if successful, by way of a Consent Order Allowing Mortgage Loan Modification (CM/ECF event) or, if ongoing or unsuccessful, by way of Mortgage Loan Modification Report (CM/ECF event).
A Consent Order Allowing Mortgage Loan Modification should be submitted to finalize mortgage modification whether or not the Loss Mitigation/Mediation Program is not used and even if mortgage modification is not provided for in the Chapter 13 plan.
Training on the online portal presently approved is available from Default Mitigation Management, LLC.
Contingent upon interest, training for the Loss Mitigation/Mediation Program procedures and portal described in the Chambers Guidelines will be offered in coming weeks in Columbia and by video conference in Charleston. If you are interested in attending, please email Jeff Davis at email@example.com and provide the number of staff in your office who may attend the training.
As these procedures are implemented, the bar should report problems, questions or suggestions to Jeff Davis at the e-mail address above.