Print Form Mortgage Foreclosure Mediation Referral Order Clear Form (6/08/10) CCCH 0102 A IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION ____________________________________________________________ Plaintiff(s) v. ____________________________________________________________ Defendant(s) } No. _________________________________ MORTGAGE FORECLOSURE MEDIATION REFERRAL ORDER THIS CAUSE coming before the Court on Defendant’s Motion for Referral to Foreclosure Mediation, pursuant to Cook County Circuit Court Rule 21, Chancery Division Court-Annexed Mediation; THE COURT FINDS AS FOLLOWS: A. The Property address is:_____________________________________________________________________________. Street Address City State Zip Code B. Defendant(s) is/are the owner(s) of the Property. C. Defendant(s) intend to: ‰ Stay in the Property. ‰ Leave the Property. D. The Property is the primary residence of Defendant(s). E. The Property is a: ‰ Single family home. ‰ Single family condominium. ‰ Residential building with four (4) units or less. F. The Defendant(s): ‰ Has/have submitted an application for a modification under HAMP and the application is pending. ‰ Is/are currently in a trial modification period under HAMP. ‰ Seek(s) a non-HAMP loss mitigation option (and lender and/or servicer is a non-HAMP provider). ‰ Has/have been denied a HAMP modification. ‰ Seek(s) to negotiate a dignified exit. ‰ Has/have other identified issues to mediate. IT IS, THEREFORE, ORDERED AS FOLLOWS: A. This cause is referred to mediation to mediate the following issue(s): ‰ Denial of HAMP modification ‰ Non-HAMP loss mitigation option ‰ Dignified Exit ‰ HAMP application/HAMP modification with no response from Lender ‰ Other: ____________________________________________________________ ___________________________________________________________________ DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS Mortgage Foreclosure Mediation Referral Order (6/08/10) CCCH 0102 B B. Appointment of Mediator The following mediator is appointed to serve in this matter: ‰ The Center for Conflict Resolution ‰ Other (Please specify): ______________________________________________________________________________________________ ______________________________________________________________________________________________ 4420 ‰ By stipulation of all parties; 4421 ‰ By appointment of the Court; OR 4422 ‰ The parties shall designate a mediator within twenty-one (21) days. If the parties are unable to agree upon a mediator, counsel shall promptly so notify the Court and the Court shall appoint a mediator pursuant to Local Rule 21.03(A)(2). C. Appointment of Chicago Volunteer Legal Services (CVLS) for Defendant(s) ‰ CVLS is appointed in limited capacity to represent Defendant during the Mediation Session. Plaintiff shall deliver a file-stamped copy of the Complaint to CVLS, 100 N. LaSalle Street, Suite 900, Chicago, IL 60602, Fax (312) 332-1460, cvls@cvls.org, within seven (7) days of entry of this Order. ‰ CVLS is required to take no action in this case pending Plaintiff’s decision on Defendant’s pending HAMP application, unless Plaintiff denies Defendant’s HAMP application. Plaintiff’s counsel shall promptly notify the mediator and CVLS in writing if Defendant’s HAMP application is denied. D. Mediation Date The first mediation session shall be held within five (5) weeks of the date of entry of this Order. The mediator shall assign the dates and times of mediation and notify Plaintiff’s counsel and CVLS of the mediation dates. The first mediation session may be a conference call between counsel for all parties and the mediator. ‰ The mediator is required to take no action in this case pending Plaintiff’s decision on Defendant’s pending HAMP application, unless Plaintiff denies Defendant’s HAMP application. Plaintiff’s counsel shall promptly notify the mediator in writing if Defendant’s HAMP application is denied. E. All parties shall participate in mediation, unless otherwise ordered by the Court. 1. Counsel shall appear at the mediation session, as well as each party or its representative with full authority to enter into a complete compromise and settlement. The following Parties shall appear at the mediation session: ‰ Plaintiff (Bank and/or Servicer) ‰ in person or ‰ by telephone __________________________________ (Name of Bank and/or Servicer) ‰ Plaintiff’s counsel in person. Plaintiff’s counsel represents that the following is his/her correct contact information: Firm Name: ___________________________________________________________________________________ Responsible attorney (Must identify an individual): ________________________________________________ Address:______________________________________________________________________________________ Street Address Work Telephone:(_______) _________ - _______________ City State Zip Code Ext. ___________ E-mail Address: ___________________________________ ‰ Defendant in person. Defendant represents that he/she/they can be reached at: Address:______________________________________________________________________________________ Street Address City State Zip Code E-mail Address: ___________________________________ Cell Telephone: (_______) _________ - _______________ Work Telephone:(_______) _________ - _______________ Other: (_______) _________ - ________________ ‰ CVLS attorney in person. E-mail Address: cvls@cvls.org (reference “Foreclosure Mediation” in subject line) 2. The Court may impose sanctions against any party who fails to attend mediation or who violates the the terms of this Order. Mortgage Foreclosure Mediation Referral Order (6/08/10) CCCH 0102 C 3. Not less than ten (10) days prior to the first mediation session, each party shall present the mediator with a brief written summary of the case containing a list of all pending and resolved claims and all issues to be addressed in mediation, unless the mediator has requested a different procedure. Any party who wishes all or part of its summary contents to remain confidential shall inform the mediator, in writing, at the time the summary is tendered and shall clearly mark which portions are confidential. The summary shall include the following information: (i) The names of all mediation participants; (ii) The facts of the occurrence; and (iii) Any offers or demands of settlement. 4. The mediator has no power to compel or enforce settlement agreements and shall not give legal advice. The parties shall reduce any settlement agreements to writing at the conclusion of the mediation, which shall be signed by parties and/or their attorneys. F. 21-Day Status Date: 4423 ‰ This matter is set for status on ____________________, _____________ at ______________ a.m./p.m. in Courtroom __________ in the Richard J. Daley Center, Chicago, Illinois 60602. 4973 ‰ 21-Day Status Date is waived. G. Conclusion of Mediation: The mediation shall be completed within twelve (12) weeks of the date of entry of this Order unless extended by order of the Court or by stipulation of the parties. If an agreement is reached, it shall be reduced to writing and signed by all parties and/or their attorneys. Following execution of the written settlement agreement by all parties, the parties shall file with the Court, Form 4 (Memorandum of Agreement/No Agreement) and Form 6 (Mediator Report). If the parties have reached no agreement and the mediator concludes that further mediation would not be likely to result in agreement, the mediator shall complete and sign Form 4 (Memorandum of Agreement/No Agreement) and Form 6 (Mediator Report), provide a copy of the same to each party, and file the same with the Court. H. Discovery (SELECT ONE) ‰ ‰ The parties shall continue discovery while conducting mediation. Discovery related to________________________________________ shall be stayed until the Post-Mediation Status Hearing set forth below. I. Plaintiff shall not proceed to Judgment of Foreclosure and Sale pending further order of the Court. J. 4424 Post-Mediation Status Date: This cause is set for Post-Mediation status on ________________________, __________, at ____________ a.m./p.m. before Judge _________________________________ or any Judge sitting in his/her stead in Courtroom __________ in the Richard J. Daley Center, Chicago, Illinois 60602, to report on ‰ Status of HAMP application ‰ Result of mediation. K. 4304 The previously set status date(s) of ________________________, __________ is/are hereby stricken. L. 6246 Miscellaneous Orders ‰ Plaintiff’s Motion(s) for ________________________________ is/are entered and continued generally, subject to re-notice. ‰ Other:________________________________________________________________________________________ Atty. No.: ________________ Name: _______________________________________________ ENTERED: Atty. for: ________________________________________ Address: ___________________________________________ Dated: ________________________, City/State/Zip: ___________________________________ Telephone: ________________________________________ __________ ________________________________________ Judge DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS Judge’s No.