State-Run Foreclosure Mediation Programs: 50-State Chart

Find out if your state has a foreclosure mediation program and if it does, the key aspects of the program.

Foreclosure mediation can help homeowners keep their homes after they’ve fallen behind in their mortgage payments. In foreclosure mediation, the homeowner and mortgage lender (or servicer) meet with an impartial facilitator (the mediator) to explore options to avoid foreclosure, such as a loan modification, deed in lieu of foreclosure, payment arrangement to catch up on missed payments, or something else. Participating in foreclosure mediation doesn’t guarantee that you’ll be able to prevent a foreclosure, but it may increase your chances of working something out.

Unfortunately, foreclosure mediation is not available everywhere. However, in recent years, about half of the states have implemented mediation programs – if you live in one of these states, your lender must follow the program guidelines. Below you can learn whether there is a statewide mediation program in each of the 50 states plus the District of Columbia and, if so, the key aspects of the program.

Statewide Foreclosure Mediation Programs

For each state (and D.C.) the foreclosure mediation chart will provide the following information:

Is a statewide mediation program available? There are statewide foreclosure mediation programs in some states, but not others. And in some state, mediation is available only in certain counties or cities.

Opt in or automatic enrollment? In a number of states, the borrower must opt in to the statewide mediation program, whereas in other states enrollment is automatic. Even in cases where enrollment is automatic, sometimes homeowners must submit a form indicating that they will participate, otherwise they may be dropped from the program.

Does the homeowner have to pay a fee to participate? In some states, the state pays for the mediation program. Other states have added charges to the filing fee that lenders must pay when starting the foreclosure – these charges cover the costs of the program. Sometimes, however, the homeowner must pay a mediation fee. Often, however, you can get the fee waived or reduced if you cannot afford it.

Foreclosure action stayed (postponed) during mediation? In most states with foreclosure mediation, the program guidelines specify that the foreclosing party cannot proceed with the foreclosure during the mediation process. Usually this means the foreclosing party cannot get a foreclosure judgment or hold a foreclosure sale until after the mediation concludes. If you are able to reach an agreement during the mediation, the foreclosure is dismissed.

Getting More Information

To get more details on your state’s foreclosure mediation program, click on the state link in the first column of the below chart – this will bring you to Nolo’s article on your state’s particular program. In the article you’ll find detailed information on the state’s mediation process, eligibility requirements to participate in mediation, and how long the program will be available, among other things.

State

Available

Enrollment

Fee

Foreclosure stayed?

Alabama

Yes

Opt in

No fee through April 30, 2015

Yes, if the homeowner submits an application for an alternative to foreclosure at least 37 days before the sale

Alaska

No

Arizona

No

Arkansas

No

California

No, but borrower may request a meeting with mortgage servicer to discuss alternatives to foreclosure

Colorado

No, but Douglas County has a foreclosure mediation program

Connecticut

Yes

Opt in

None

Yes

Delaware

Yes

Automatic

None

Yes

District of Columbia

Yes

Opt in

$50

Yes

Florida

No, but some circuits offer foreclosure mediation

Georgia

No

Hawaii

Yes (only if foreclosure is nonjudicial)

Opt in

$300

Yes

Idaho

No

Illinois

No, but foreclosure mediation programs are available in certain counties

Indiana

No, but borrower is entitled to a settlement conference with lender

Iowa

Yes

A farmer-creditor foreclosure mediation program is also available

Opt in

None

Yes, if notice of mediation not served (delay shall not exceed 60 days)

Kansas

No

Kentucky

No, but there is a foreclosure conciliation program in Jefferson county

Louisiana

No

Maine

Yes

Opt in

None

Yes

Maryland

Yes

Opt in

$50

Yes

Massachusetts

No, but certain cities have foreclosure mediation ordinances

Michigan

No

Minnesota

Yes, for certain agricultural properties

Also, a foreclosure prevention counseling program is available for homeowners

Opt in

Unclear

Yes

Mississippi

No

Missouri

No

Montana

No

Nebraska

No

Nevada

No, ended June 30, 2017

New Hampshire

No

New Jersey

Yes

Opt in

None

No

New Mexico

No, but some counties have a foreclosure mediation program

New York

No, but borrower is entitled to a settlement conference with lender

North Carolina

No

North Dakota

No

Ohio

Yes

Opt in

Varies

No

Oklahoma

No

Oregon

Yes

Opt in

$175

Yes

Pennsylvania

No, but some counties have a foreclosure mediation program

Rhode Island

Yes

Automatic

None

Yes

South Carolina

No, but borrower has the right to participate in a foreclosure intervention process and the court can require mediation

South Dakota

No

Tennessee

No

Texas

No

Utah

No

Vermont

Yes

Opt in

None

Yes

Virginia

No

Washington

Yes

Opt in

(Borrower must get a referral from a housing counselor or attorney)

$200

Yes

West Virginia

No

Wisconsin

No, but some counties have a foreclosure mediation program

Wyoming

No



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