Attorney General s Foreclosure Mediation Workgroup

Transcription

1 Attorney General s Foreclosure Mediation Workgroup Agenda and Handouts for Meeting of March 23, 2012, 1:30 to 3:30 pm at the DPSST Hall of Heroes Meeting Room, 4190 Aumsville Highway SE, Salem, Oregon Item Contact Time Start Stop (minutes) 1 Welcome and introductions Scott Bellows Facilitator 15 1:30 1:45 3 How the workgroup will be Keith Dubanevich, assisting the Attorney General Workgroup Chair, Chief of Staff and Associate Attorney General 10 1:45 1:55 4 Attorney General s Duties under SB Project Scope, Program Goals, Logic Model, Public Involvement process. 6 Questions and answers and Workgroup preliminary remarks on the task at hand 7 Mediator Qualifications Subcommittee 8 Discussion of other topics as time allows: mediator role and qualifications, mediation fees, the role of the mediation services provider, mediation notice requirements, and mediation guidelines 9 Next steps, subcommittee and other assignments Mike Niemeyer ADR Coordinator, DOJ Scott Bellows Facilitator 10 1:55 2: :20 2:45 Hon. Sue Leeson 10 2:45 2:55 Scott Bellows Facilitator Scott Bellows Facilitator 25 2:55 3: :20 3:30 There will be no opportunities for public testimony at this first meeting. Persons wishing to submit comments related to the foreclosure mediation program may send an to foreclosuremediation@doj.state.or.us. March 23, 2012 AG Foreclosure Mediation Workgroup Meeting Agenda and Handouts Page 1

2 AG Tasks per SB Appoint a mediation service provider and enter into contract. Section 2(2)(b)(A) 2. Pay the MSP for services Section 2(2)(b)(A) 3. Set mediator training, experience and qualifications. Section 2(2)(b)(B) 4. Set fee schedule. Section 2(2)(b)(C) 5. Adopt rules re waiver of grantors share of mediation fee. Section 2(2)(c) 6. Receive affidavits attesting to less than 250 foreclosures. Section 2(2)(d)(A) 7. Adopt rule regarding what information the MSP shall send to grantor and beneficiary. Section 2(3)(e) 8. Specify by rule what additional information the beneficiary must bring to the mediation. Section 2(4)(b)(E) 9. Adopt mediation guidelines by rule. Section 2(5)(a) 10. Receive foreclosure avoidance agreements. Section 2(5)(b) 11. Receive mediation failure report. Section 2(5)(c) 12. Adopt by rule form of certificate of compliance. Section 2(6)(a) and (b) 13. Receive completed certificates of compliance. Section 2(6)(c) 14. Receive beneficiary s response to grantor s request for mediation. Section 2(7)(a) 15. Receive grantor s request for mediation. Section 2(7)(b) 16. Post on DOJ website contact information for the MSP and AG s address for sending notices. Section 2(7)(b) 17. Adopt by rule form and content of affidavit for beneficiary who cannot obtain appointment with housing counselor within 30 days of notice of mediation. Section 2a(3) 18. Adopt by rule form of notice of mediation. Section Adopt by rule list of service agencies. Section 3(3)(c) 20. Adopt by rule a list of documents the grantor must bring to the mediation. Section 3(5) 21. Receive and deposit moneys into the Foreclosure Avoidance Mediation Fund (FAMF). Section 4(1) and (2) 22. Each month receive funds from county clerks and deposit same into FAMF. Section 4(3)(a) 23. Receive from beneficiary notice of ineligibility for foreclosure avoidance measures. Section 4a(2) 24. Receive from beneficiary affidavit of compliance. Section 4(3)(a)(B) 25. Adopt by rule form for beneficiary to use for notice of ineligibility determination and identify address to which such notice of determination and affidavits of compliance are to be sent. Section 4a(4) March 23, 2012 AG Foreclosure Mediation Workgroup Meeting Agenda and Handouts Page 2

3 AGs Foreclosure Mediation Workgroup Charter 1. Purpose: Advise the Attorney General regarding the design of the foreclosure mediation program and adoption of rules as required by SB Scope: This workgroup is limited to consideration of the elements of the Foreclosure Mediation Program that must be clarified in rulemaking and will conclude once the temporary rules are published. 3. Decision Making: The Workgroup is not a decision-making body. The deliberations of the workgroup will aid the Attorney General in the development of rules implementing the Foreclosure Mediation Program. Recommendations that enjoy the support of the entire workgroup will be most helpful. At the discretion of the chair, the workgroup members may be polled to see if there is consensus on a recommendation. 4. Representation. There will be one designated person representing each organization or interest group. For continuity that designated person should attend all meetings. When an absence is unavoidable an alternate may be sent in place of the designee. 5. Meetings Public. Workgroup meetings will be noticed to the public. The public may attend any of the AGs Foreclosure Mediation Workgroup meetings, but may not participate unless the published agenda or the chair has expressly set aside time for public comments. 6. Records Public When communicating with DOJ staff keep in mind that your communications are generally a matter of public record. 7. Facilitator role It is the facilitators responsibility to ensure that workgroup meetings are run smoothly. The facilitator works for the group. 8. Meeting Schedule Fridays, 1:30 to 3:30 pm (While in-person attendance is encouraged a call-in number will be available for meetings at the Justice Building). March 23 - DPSST March 30 Kulongoski room, Justice Building, Salem 6 Kulongoski room, Justice Building, Salem 13 Kulongoski room, Justice Building, Salem 27 Kulongoski room, Justice Building, Salem May 11 Kulongoski room, Justice Building, Salem May 25 Kulongoski room, Justice Building, Salem June 8 Kulongoski room, Justice Building, Salem March 23, 2012 AG Foreclosure Mediation Workgroup Meeting Agenda and Handouts Page 3

4 Workgroup Membership Group Organization Designee 1 Consumer law Oregon Law Center Sybil Hebb Director of Legislative Advocacy Oregon Law Center 2 Creditor Hershner Hunter LLP Patrick W Wade law 3 Debtor law Harpster Law LLC Kelly L Harpster, 4 Mediator Association Oregon Mediation Association Amy Chase Cleary, Program Coordinator Community Solutions for Clackamas County 5 CDRCs Oregon Association of Community Mediation Programs.,. 6 Attorneymediators 7 Federal Court Mediator ADR Section of the Bar Federal Court Mediator Dispute Resolution Center Charlie Ikard, Executive Director Neighbor-to-Neighbor Gail McEwen, Attorney Mediator Hon. Sue Leeson 8 Regulatory agencies Oregon Housing and Community Services Theresa Wingard, Program Coordinator Manufactured Communities Resource Center 9 Consumer Economic Fairness Angela Martin, Executive Director Advocacy Oregon 10 Housing Neighborhood Economic Emily Reiman, OpportunityWorks Manager Counselors Development Corporation 11 Title Companies Fidelity National Title Group, Inc Cleve Abbe, State Counsel for Oregon, Lawyers Title of Oregon, LLC 12 Financial Oregon Bankers Ken Sherman, General Counsel Institutions Association 13 Legislative House Democratic Tim Inman, Legislative Director Office 14 Legislative Senator Beyer s Office Paloma Sparks 15 Attorney General Attorney General s Office Keith Dubanevich, Workgroup Chair Chief of Staff and Associate Attorney General March 23, 2012 AG Foreclosure Mediation Workgroup Meeting Agenda and Handouts Page 4

5 Other Opportunities for Public Involvement A public website has been established to serve public notice of SB 1552 rulemakingrelated meetings and actions and to direct consumers to the right resources. This website includes an link for comments and questions regarding the foreclosure mediation program: Key Stakeholders In addition to the 15 members of the AGs Foreclosure Mediation Workgroup about 35 individuals have been identified as key Stakeholders who possess particular expertise and who have offered (or been asked) to assist the attorney general in the design of the program an development of rules. These stakeholders are available to serve of subcommittees and have already contributed information and comments via a Govspace site established for this project. Access to this site is by invitation. Persons who wish to be invited must contact Shevaun Gutridge at shevaun.gutridge@doj.state.or.us. March 23, 2012 AG Foreclosure Mediation Workgroup Meeting Agenda and Handouts Page 5

6 Foreclosure Mediation Program Implementation Timeline Establish FAM Fund and mechanism for managing Mediator Role, Qualifications and Training Mediation Guidelines Case management, record keeping, etc Notifications & Affidavits: Forms of, timing, Mediation fee schedule Mediation Services Provider Qualifications, Role Expectations & Agreement DOJ internal process for managing affidavits and notices Communication with homeowners, lenders and public Orientation & Training for HUD Counselors Mediator & Lawyer advocate training Ongoing program evaluation and monitoring Marc h 19 March Establish fund management procedures Research & stakeholder engagement Advisory committee recommendations May 7 Develop 1 yr program budget Advisory committee recommendations DOJ Rule Drafting begins (In parallel) May 14 May 21 E-board request May 28 Advisory committee comments on DOJ draft rules June 4 June 11 June 18 DOJ Adopts Temp Rules RFI Clarify MSP role Conduct solicitation Enter into agreement Clarify Curriculum June 25 Implement July 2 Rules Published. Not effective until operative date. Agreement effective on Operative Date Establish Systems within DOJ Test system Implement system Establish & maintain website, Community Outreach Recruit trainers & design training Post training materials Clarify Curriculum Recruit trainers & design training 1 st round training Establish outcomes and performance measures Classroom training conducted Refine program metrics and outcomes. Identify oversight committee July 9 July 12 After July 12 Operative Date Manage fund Perm rule adopt. Manage provider contract Implement record manageme nt system Ongoing Training Ongoing Training Convene oversight committee. Ongoing program evaluation March 23, 2012 AG Foreclosure Mediation Workgroup Meeting Agenda and Handouts Page 6

7 Oregon Foreclosure Mediation Program Draft Logic Model (V2) Table I Program Administration (Program/state-level outcomes) Good Rule development Process Good stakeholder engagement Effective research Clarity on program goals Good RFI Process Good Program Rules The right notice requirements The right fee schedule The right notice requirements The right document requirements The right mediator qualifications Good Procurement Process for MSP Good Community Involvement in Initial Program Design Community resources are coordinated and organized to aid homeowners Fair & Transparent process Pro-bono legal resources are expanded (e.g., Law Schools) homeowners Good agreement Good Counseling Effective counseling and legal assistance for homeowners Good Mediation Services Provider Performance Effective fiscal controls Effective and reliable management of mediation fees and payments to mediators Effectively engages qualified mediators and mediation programs to perform services Reliable case, scheduling and data management system: manages records, has web-accessible interface for mediators and parties, provides report function and appropriate security and permissions. Community Outreach to homeowners & referrals to program Good Mediator performance Parties rate mediators highly Good Community Engagement Effective training for homeowners, lawyers, mediators, etc Cases stats show mediators are efficient and effective Good Mediation Outcomes (See Table II) Outcomes Oregon has stronger Communities More Oregonians stay in their homes Ease exits for Oregonians who can t keep their homes High overall participation rate (total defaults using the program) There are high participation rates by homeowners in eligible cases Program is seen as effective and efficient use of public resources Program is sustainably funded from the filing fee surcharge and party fees There is accountability for public funds expended Good Fund Administration Good case settlement rates Good DOJ Record and Notice management March 23, 2012 AG Foreclosure Mediation Workgroup Meeting Agenda and Handouts Page 7

8 Good Case Development Lender has access to good information regarding homeowners interests, ability to pay, the home value, etc Homeowner has access to good information regarding their rights and legal options and ability to make realistic loan payments and the The agenda is lenders interests. victim/ survivor driven Lender has time A safe Homeowner place is receives to process created counsel that and is guidance information. conducive their to options effective Case Screening ensures communicatio that appropriate cases proceed to face-to-face mediation and at the appropriate time Mediation Services Provider Notices are accurate and timely sent out Appropriate mediators assigned to cases Documents vetted & processed efficiently Victim is heard Mediation sessions scheduled efficiently Mediation fees processed accurately and efficiently Good case screening ensures success in mediation Good Mediation A qualified mediator guides the process The lender has the right person representing them in the mediation and is prepared for the mediation The mediator facilitates the exchange of information The homeowner is heard, their interests acknowledged and their questions answered The homeowner appears for the mediation, is aided by an attorney or HUD counselor and is prepared for the mediation. Where the meaning of data and information is not clear the mediator facilitates communication between the parties to clarify. The lender is heard, their interests acknowledged and their questions answered The mediator facilitates settlement negotiations Homeowners and lenders reach mutually agreeable and beneficial alternatives to foreclosure The mediator facilitates the memorialization of the agreement Case Management (Individual case level outcomes) Table II Intermediate Outcomes Homeowners and lenders reach mutually agreeable and beneficial alternatives to foreclosure The parties are satisfied with the mediator The parties are satisfied with the process Ultimate Outcomes A Homeowners who has the ability to successful at stay in their home and meeting their loan obligation is able to do so A homeowner who is unable to meet their loan obligations and must leave their home is able to do so gracefully The lender achieves a solution that meets their financial and business interests Agreements reached are durable Note: For readability purposes this document refers to homeowner and lender rather that the statutory Grantor and Beneficiary March 23, 2012 AG Foreclosure Mediation Workgroup Meeting Agenda and Handouts Page 8