UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA www.flsb.uscourts.gov In re: Case No. Chapter Debtor(s) / ORDER GRANTING SELF-REPRESENTED DEBTOR'S VERIFIED MOTION FOR REFERRAL TO MORTGAGE MODIFICATION MEDIATION This matter came on for hearing before the Court on __________, on the SelfRepresented Debtor's Verified Motion for Referral to Mortgage Modification Mediation ("Pro Se Motion") for Debtor's real property located at ______________________ (street address). The Pro Se Motion was served on ("Lender") on ______________. The Court, having reviewed the Pro Se Motion and considered the record in this case, it is: ORDERED: 1. The Pro Se Motion is granted. Page 1 of 10 MMM-LF-08 (rev. 04/01/15) American LegalNet, Inc. www.FormsWorkFlow.com 2. The Debtor and Lender are required to participate in Mortgage Modification Mediation ("MMM") in good faith. MMM shall be completed no later than 150 days from the date of this Order, unless extended by written consent on the approved Mortgage Modification Mediation Portal ("MMM Portal), by stipulation of the parties or by court order. 3. The Debtor's request to be excused from using the MMM Portal is Granted Denied. 4. All communications and information exchanged during MMM are privileged and confidential as provided by Federal Rule of Evidence 408 and Chapter 44 of the Florida Statutes, and shall be inadmissible in any subsequent proceeding. 5. All written communication between the parties regarding the mediation must be sent through the MMM Portal only, unless otherwise ordered by the Court. Any litigated matters incidental to the mediation shall be considered as separate matters and not subject to the portal communication requirement. If the MMM Portal is not being used because the Debtor has been excused under paragraph 3 above, then all communications shall be by phone and/or in writing. 6. The Lender shall register with the MMM Portal, unless already registered, within seven days after entry of this Order, and designate its single point of contact and outside legal counsel who must register within seven days after designation. If the Lender fails to register, the Debtor may file a motion with the Court seeking sanctions against the Lender for Lender's Page 2 of 10 MMM-LF-08 (rev. 04/01/15) American LegalNet, Inc. www.FormsWorkFlow.com failure to register. If Debtor has been excused from the portal requirement, the Lender shall provide phone and written notice to the Debtor and the mediator. 7. Lender's counsel or representative shall have the authority (within the investor's guidelines) to settle and will attend and continuously participate in all MMM conferences in this case. 8. If the Lender transfers the loan, the Lender must provide a copy of the Order to the new holder of the loan ("Successor Lender"), and the Successor Lender will be obligated to comply with all terms of this Order. 9. Debtor shall, a. within seven days after entry of this Order, remit to the MMM Portal the required non-refundable MMM Portal submission fee in the amount $40.00, and upload to the MMM Portal the following (collectively, the "Completed Package"): (1) Debtor's loan modification package (prepared using the Document Preparation Software); (2) (3) a copy of this Order; and any additional lender-specific information identified by Lender on the MMM Portal. OR if excused from electronic filing, b. The Debtor shall, within seven days of the date of this Order, mail or fax to the Lender the following: Page 3 of 10 MMM-LF-08 (rev. 04/01/15) American LegalNet, Inc. www.FormsWorkFlow.com (1) Debtor's Prepared Package (as defined in the Verified Pro Se Motion); (2) (3) a copy of this Order; and any additional lender-specific information identified by Lender in its written instructions to the Debtor. 10. PROCESS FOR SELECTION OF MEDIATOR: (a) The parties shall have 14 days from the date of this Order to select a mediator. If the parties agree on the selection of a mediator, the Debtor shall file the MMM Local Form "Debtor's Notice of Selection of Mortgage Modification Mediator" (Check Box 1 and insert mediator name and contact information), serve a copy of the notice on all required parties, and file a Certificate of Service pursuant to Local Rule 2002-1(F). (b) If the Lender fails to communicate with the Debtor within the 14 day period established for the mediator selection process, the Debtor shall, within seven days, independently select a mediator and file the "Debtor's Notice of Selection of Mortgage Modification Mediator" (Check Box 2 and insert mediator name and contact information), serve a copy of the notice on all required parties, and file a Certificate of Service pursuant to Local Rule 2002-1(F). In this instance, it shall be deemed that the Lender has waived the right to challenge Debtor's selection of a Mediator. Page 4 of 10 MMM-LF-08 (rev. 04/01/15) American LegalNet, Inc. www.FormsWorkFlow.com (c) If the parties attempt to reach agreement on the selection of a Mediator, but fail to do so, the Debtor shall file the "Debtor's Notice of Selection of Mortgage Modification Mediator" (Check Box 3 indicating an impasse), serve a copy of the notice on all required parties, and file a Certificate of Service pursuant to Local Rule 2002-1(F). The clerk shall then randomly select a mediator from the clerk's Mediation Register pursuant to Local Rule 9019-2(B)(3), without the necessity of a hearing. The clerk shall serve notice of the mediator selection on the required parties using the MMM Local Form "Notice of Clerk's Designation of Mortgage Modification Mediator". Local Rule 9019-2(B) shall apply to any challenge to the clerk's designation of mediator. 11. Debtor shall assign the mediator as the mediator in this case on the MMM Portal within seven days after designation. If the Debtor is excused from using the MMM Portal, the Debtor shall serve this Order on all parties to the mediation. 12. The Debtor's request for pro bono mediation is Granted Denied. The mediator shall notify the Court, and the Debtor immediately, by motion if the mediator is not willing to serve pro bono and state in the motion to be excused from pro bono mediation, the reasons why the mediator seeks to be excused. 13. The mediator shall be governed by the standards of professional conduct set forth in the Florida rules for certified and court-appointed mediators Page 5 of 10 MMM-LF-08 (rev. 04/01/15) American LegalNet, Inc. www.FormsWorkFlow.com and shall have judicia