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Delaware Docket Newsletter
Winter 2009/2010


Homeowners facing foreclosure now have the opportunity to try to avoid this outcome through a court mediation process with their lender thanks to a joint State and Superior Court program in cooperation with Community Legal Aid, lenders, bankers, advocates, housing counselors, and others. To ensure that homeowners are aware of the program, the procedures, which were instituted through an Administrative Directive issued by President Judge James T. Vaughn Jr., require that a flyer mentioning the availability of the program and referral information must be included in the documents initiating a mortgage foreclosure action on a primary residence.

For homeowners who elect to enter it, the Mediation Program provides a chance to meet, along with a HUD certified housing counselor, with the attorney for the lender to try to negotiate a payment plan for the mortgage. If they are not able to reach an agreement through this process, a volunteer attorney mediator will work with both parties to try to come up with a plan that is acceptable to both. If the case is not resolved at mediation, it is still possible to place it on the mortgage foreclosure dormant docket for further discussion, if agreed to by the parties.

“This program is the direct result of……coming together to find creative ways to help Delaware’s families keep their homes. So many families facing foreclosure did everything right. They played by the rules, they worked hard, but fell victim to the national recession. Helping them stay in their homes is good for our economy and good for Delaware’s families. Delaware is a state of neighbors. When we see a problem, we come together to solve it.”

Governor Jack Markell

President James T. Vaughn Jr.
President James T. Vaughn Jr. discussing the new Mortgage Foreclosure Mediation Program. He is joined by State Representative John Kowalko on the left, and to the right, Governor Jack Markell, Christopher W. White, Esquire, of Community Legal Aid Society, and John Olsen from the Delaware Bankers Association.