- What is the name of the Program and who authorized the program? The program is called the St. Louis County Mortgage Foreclosure Intervention Code (Program). It was adopted by the St. Louis County Council on August 28, 2012. In the City of St. Louis, the Program is called Foreclosure Mediation Program which went into effect on February 27, 2013.
- What is the purpose of the program? The program is designed to bring Homeowners and Lenders together in a neutral setting with the goal of resolving the dispute which has resulted in a foreclosure being initiated against the homeowner.
- I just received a “Notice of Foreclosure” and a “Notice of the Right to Request Mediation” and “Request for Mediation”. How much time do I have? You must respond in writing to USA&M within twenty (20) days of the date the Notice of the Right to Request Mediation was sent to you or you will not be eligible to participate in the program. The Request for Mediation contains specific directions on what to do.
- What is mediation? We have prepared a quick reference “Homeowner's Guide to Foreclosure Mediation“.
- How much will this cost me? The initial administrative fee and the fee for the mediation are advanced by the Lender. However, the right to charge the costs back to the Homeowner is reserved by the Lender. If the lender does not comply with the Program, the Lender is penalized and that penalty cannot be charged to the homeowner.
- Who is USA&M and why are you contacting me? USA&M has entered into an agreement with St. Louis County and the City of St. Louis to administer mediation services under both Programs. USA&M has been in business in St. Louis since 1986 and has conducted over 10,000 mediations. USA&M has no relationship with any Lender or Homeowner in the program.
- Is there any place I can turn to for help or advice about this? Contact any of the free housing counselors identified on this site. If you can afford legal counsel and do not have an attorney, contact Lawyers Reference Service at (314)621-6681 or e-mail [email protected]. USA&M is not a law firm and cannot give legal advice.
- Are there any forms for me to fill out? Yes!!! Required Forms and Information Homeowners are to Provide to Lenders All such forms and additional information are listed on this website under the Foreclosure Mediation tab (St. Louis County Foreclosure Mediation Program and City of St. Louis Foreclosure Mediation Program).
- What do I do next? If you have not already signed and delivered the “Request for Mediation” to USA&M do so before the deadline! Then review the forms and contact one of the free housing counselors or Lawyers Reference Service for help. You may have already prepared and sent these forms to your lender. You will have to do it again.
- How do I contact you? Go to Contact Us section of this website.
- When will the mediation be scheduled? Typically within fifty (50) days of the Notice of Right to Request Mediation was sent to you. That is why we need your contact information so that we can schedule the mediation at a mutually convenient time.
- Are there any important deadlines that must be met? Yes!!! Here are the major deadlines:
- Within twenty (20) days of the “Notice of Right to Request a Mediation”, USA&M must have received your “Request for Mediation” in writing.
- At least seven (7) business days before the date of the mediation you must send the documentation Required Forms and Information for Homeowner by Ordinance to both USA&M and the attorney for the Lender as identified on the Notice of Mediation that you will receive, as well as on this website.
- I have tried to work with my Lender all along but have been passed from person to person. Then in the middle, while I was trying to work with the Lender, I received a Notice of Foreclosure against me. I have already sent the documents to the Lender several times. Each time they ask for more information or the Lender tells me they cannot find my information. Why is this program suddenly and magically going to make everything work this time. It is very frustrating. There are no guarantees. However, this type of program has been successful in 25 other states. The ordinance requires Lenders to have a decision maker available at the mediation who is capable of making a determination of whether resolution is possible. Sitting down with a decision maker from the Lender, with the required information, and utilizing the skills of a trained neutral creates the appropriate atmosphere for resolution.
- How long will the mediation last? It is impossible to tell how long the process will take but you should be prepared to spend a couple of hours at our office.
- Where will the mediation take place? All mediations will be conducted at the offices of USA&M in downtown St. Louis at 720 Olive Street between 7th and 8th Streets.
- Who are the mediators? The mediators are experienced retired judges and lawyers who live in both the City and County of St. Louis.
- What is the role of the mediator? While USA&M Mediators are attorneys, they will not be providing legal advice during the mediation process. Neither USA&M nor the mediator will be acting as a legal adviser or legal representative for either or all of the parties. Neither USA&M nor the mediator has a duty to assert, analyze or protect any legal right or obligation. Neither USA&M nor the mediator has a duty to make an independent expert analysis of the situation or raise issues not raised by the parties. Neither USA&M nor the mediators can guarantee that the mediation session will result in a settlement. Parties may be represented by an attorney at any stage of the mediation process, and are encouraged to consult legal counsel concerning the proceedings or any proposed settlement agreements. Homeowners are urged to seek the assistance of free Housing Counselors. A list of those counselors is located on the USA&M website under the Foreclosure Mediation tab (Housing Counselors).
NOTE: Nothing contained herein is intended to give legal advice. Individuals should always consult with an attorney before entering into a contract.