Important Notice From The Court To Homeowners Regarding Your Property [To Be Filed With Complaint] {Form B} | | Florida

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Important Notice From The Court To Homeowners Regarding Your Property [To Be Filed With Complaint] {Form B} |  | Florida

Last updated: 5/19/2015

Important Notice From The Court To Homeowners Regarding Your Property [To Be Filed With Complaint] {Form B}

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Description

FORM B IMPORTANT NOTICE FROM THE COURT TO HOMEOWNERS REGARDING YOUR PROPERTY A FORECLOSURE ACTION HAS BEEN FILED AGAINST YOU. YOU HAVE RIGHTS DURING THIS LAWSUIT AND MAY WANT TO PARTICIPATE IN MEDIATION. IF YOU DO NOT RESPOND TO THIS LAWSUIT, A FINAL JUDGMENT WILL BE ENTERED AND YOUR HOME OR PROPERTY WILL BE SOLD AT A FORECLOSURE SALE. IF YOU WANT TO DEFEND AGAINST THIS LAWSUIT, YOU MUST RESPOND AS DIRECTED IN THE SUMMONS. YOU MAY ALSO WANT TO PARTICIPATE IN THE CIRCUIT'S LOW FEE MEDIATION PROGRAM. THE LOW FEE RESIDENTIAL MORTGAGE MEDIATION PROGRAM All owners of residential property, homestead or non-homestead, who are facing foreclosure are eligible to participate in the Twelfth Circuit's low fee mediation program. The mediation process gives you a chance to talk directly with your lender and provides an opportunity to discuss options to foreclosure. Participants in the Program will receive a stay that puts their case on hold. This means your case will not go to final foreclosure until mediation has been concluded. However, other activity in the case such as pleading and discovery matters will continue. Mediation is a meeting at which you and the plaintiff (your lender) can try to work out an agreement to stop the foreclosure so you can keep your property. If you and the lender reach a settlement, the mediator will prepare an agreement for you and the lender to sign. The mediator will not be able to give you legal advice or any opinion about the lawsuit. Instead, the mediator's role is to remain neutral, not to take sides, and to give both sides a chance to talk to each other to see if a settlement can be reached. What you discuss in mediation is private and confidential, to the extent provided by law. Property owners who participate in mediation are required to provide financial information essential to a proper evaluation of the options to foreclosure. However, borrowers also are permitted to require the production of material from the lender. This includes documents showing the lender is the owner and holder in due course of the note and mortgage sued upon; a history showing the application of all payments by the borrowers during the life of the loan; a statement of the plaintiff's position of the present net value of the mortgage loan; and a copy of the most current appraisal of the property. The cost for borrowers to participate in the program is $225.00. This sum must be paid to the Program Manager within 20 days of being contacted by the Program Manager or your written request to participate in the RMM Program. Your lender is required to pay the same amount. The decision to mediate is optional for you but your lender must participate. The fee pays for a maximum of 2 hours of mediation and the cost of administering the program. You may be contacted directly about this program by the circuit's Program Manager, USF Conflict Resolution Collaborative in conjunction with the American Arbitration Association If you have questions, information is available by calling toll free 855-4816644 between 8:30 a.m. and 6:00 p.m. Monday through Friday, or on the web at http://www.mortgagemediation.org/. The administrative order adopting the program may be found at www.jud12.flcourts.org. You have the right to have your own lawyer represent you in the mediation process. If you cannot afford one, you may qualify for assistance from one of the legal aid organizations in the circuit: Legal Aid of Manasota. Inc., (Sarasota: 941-366-0038; Bradenton: 747-1628) or Gulf Coast Legal Services, Inc., (Sarasota: 941-366-1746; Bradenton: 746-6151). PARTICIPATION IN THE LOW FEE MEDIATION PROGRAM DOES NOT RELIEVE YOU FROM RESPONDING TO THE COMPLAINT AS DIRECTED IN THE SUMMONS. TO AVOID A DEFAULT YOU MUST FILE A TIMELY RESPONSE TO THE COMPLAINT EVEN IF YOU AGREE TO PARTICIPATE IN THIS MEDIATION PROGRAM. American LegalNet, Inc. www.FormsWorkFlow.com

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