Foreclosure Mediation Services is, perhaps, one of the least known mediation services that the Dispute Resolution Center of King County provides. We started providing foreclosure mediations soon after the WA state legislature passed the Foreclosure Fairness Act in 2011. With an overall resolution rate of 89 percent, as well as a home retention rate of 59 percent in 2023, we have completed 1075 foreclosure mediations over the life of the program.
What is The Foreclosure Fairness Program?
The Foreclosure Fairness Program (FFP) established by this Act has two major objectives.
- First, to protect homeowners from avoidable foreclosures.
- Second, to ensure the foreclosure process, itself, is fair and transparent. This allows both the borrower and the mortgage lender to meet, as well as make well-informed decisions, even during situations when foreclosure is unavoidable.
The Department of Commerce is the manager of the FFP. Commerce works in collaboration with the Washington State Housing Finance Commission, the Office of the Attorney General and the Office of Civil Legal Aid. The key providers of services, however, are mediators, attorneys, and housing counselors.
Well-Trained Foreclosure Mediators Make a Difference
Mediators play a pivotal role in helping lenders and borrowers resolve their foreclosure issues. However, neither party can initiate contact with a mediator. The Washington State Commerce assigns mediators to cases that have been referred to the program by attorneys or housing counselors. The mediators it assigns have successfully completed its foreclosure mediation training. In early 2023, Commerce had 59 mediators on its approved list. Currently, the Dispute Resolution Center of King County has five of those mediators.
According to Sharon Moon, the Foreclosure Mediation Case Manager and a Foreclosure Mediator for KCDRC, Commerce’s training is essential. “Foreclosure law is very technical. It has technical processes, documents, and jargon. The 3-day training does not help someone become an expert in foreclosure law, but it will help the mediator be aware of what the parties are talking about and what they mean.”
A long-term volunteer in the program, Deborah Diamond, notes, “I have been very impressed with some of the loss mitigation specialists who are good at explaining the numbers in an empathetic way. Some others come across as flat/low affect, so I sometimes need to calm the borrowers. I explain that there is no subjective element to these decisions, just objective requirements (even if they seem arbitrary) and regulations that must be met.”
Operating in Good Faith during a Foreclosure Mediation
Foreclosure Mediations are unlike most of the mediations we do in one other way. In addition to impartially facilitating the conversation between the parties, mediators must determine and certify whether each party has participated in the mediation in good faith. Examples of not being in good faith include – not paying required fees, not showing up to a session, and not providing the documentation required. Some mediators feel uncomfortable with the responsibility of determining whether a party has participated in “good faith.”
If you are not one who feels discomfort with certifying “good faith” and are curious about doing foreclosure mediation, keep tabs on the Foreclosure Fairness Program at Commerce. It might just offer another mediator training to expand its pool.
Foreclosure Mediation Growing?
The foreclosure rate in the United States was 2.23 percent in 2010, just after the Great Recession. It declined steadily to .11 percent in 2021. The rate is now on an uptick at .23 percent in 2022. If it continues to increase, the demand for foreclosure mediations may grow. If you are a homeowner interested in the program, call the Washington Homeownership Hotline at 1.877.894.HOME.