December 22, 2009 – (RealEstateRama) — On December 21, 2009, the Supreme Court adopted amendments to the Maine Rules of Civil Procedure, by adding Rule 93. Effective January 1, 2010, M.R. Civ. P. 93 will govern the operation of the Foreclosure Diversion Program.
Among other changes to foreclosure practice, this Rule includes the following:
- For foreclosure filings after December 31, 2009, against defendants who are owner-occupants, plaintiffs must now file and serve with the foreclosure complaint a set of financial forms requesting information from the defendant that would allow the plaintiff to consider or develop alternatives to foreclosure or otherwise facilitate mediation of the action. These forms may be designed by individual lenders or standardized forms developed by the federal government, a state agency, or some other group, provided that the forms sent by the plaintiff are forms it will use in considering or developing alternatives to foreclosure.
- Once a case has been referred to the Foreclosure Diversion Program for mediation, no dispositive motions or requests for admissions shall be filed until 5 days after the completion of mediation and the filing of the final mediator’s report, or until the court orders that mediation shall not occur.
- Defendants may be required by the court to attend an informational session before participating in foreclosure mediation.
- Plaintiffs and defendants will be required to exchange certain financial information with each other and file that information with the court before their scheduled foreclosure mediation occurs.
Please consult M.R. Civ. P. 93 for more information about the rules governing the Foreclosure Diversion Program.
Information about the Foreclosure Diversion Program is available at this link www.courts.state.me.us/court_info/services/foreclosure/index.html
By Judicial Branch
