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OMA
Supreme Court Mediation
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Foreclosure Mediation
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http://www.courts.state.nh.us/adrp/foreclosure/index.htm
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Office of Mediation and Arbitration - Summary of the Foreclosure Mediation Search... Go
Program
The Judicial Branch Office of Mediation and Quick Links
Homeowner Frequently Asked Questions
Arbitration ("OMA") has launched voluntary
Forms
foreclosure mediation program to assist
Foreclosure Mediation Program Structure
borrowers and lenders, (in appropriate cases)
FAQ
where there is risk of foreclosure to have a
facilitated discussion about whether it might be Court-Annexed Foreclosure Mediation Program Pre-
Suit Agreement to Mediate/Reporting Form
possible to restructure the at-risk loan and avoid Contact
a foreclosure for the benefit of both lenders and
borrowers. Notice to Homeowner
Mediation is a confidential facilitated process HUD approved Housing Counseling Agencies in NH
where a discussion between lenders and pre-
screened borrowers takes place with a trained
neutral. The facilitated conversation in this
context helps the parties determine whether or not they can agree upon modification terms to avoid
foreclosure. The borrower may seek more affordable loan terms and the lender may seek a more reliable
payment stream, all for longer term loan stability. A successful agreement could permit borrowers to
remain in their home with a more manageable loan, which in turn means that lenders would not own
foreclosed properties that remain vacant and drive down property values in neighborhoods all across the
state.
There is a simple process to determine eligibility for the program. Upon receipt of an eligibility screening
form from the borrower, the lender determines whether the borrower who may be at risk for a loan default
resulting in foreclosure, is eligible for the mediation program. To begin the process, borrowers who are
interested in participating in the program should fill-out and return the screening form to their lender. The
form is available on our website. The lender then reviews that loan to determine whether the borrower is
eligible for a direct lending program like the Federal Home Rescue plan or if the borrower's circumstances
make a successful restructure unlikely. If the lender believes the borrower is ineligible to mediate then the
lender notifies the borrower and the OMA that the borrower does not qualify for the program. Those
borrowers whose profiles show that they may be good candidates for a restructured loan would be referred
into the mediation program.
Once receiving the confirmation from the lender that a borrower qualifies for the program, the OMA will
assign an experienced, trained, mediator to the matter and a mediation session will be scheduled at a
courthouse convenient to both the lender and borrower. (Lenders may participate electronically with
advance notice to the borrower and mediator so that arrangements can be made for such participation).
No stay of foreclosure occurs by scheduling and participating in the mediation; but the foreclosure may be
stayed by agreement if the matter is successfully resolved. (That may occur if outside approval of the loan
modification is required in some circumstances.)
There is no cost to the borrowers or the lenders for this service while the OMA has grant funds to support
the program. Borrowers and lenders are instructed to provide relevant information to each other and to the
mediator in advance of the mediation. That information is specified in the program documents posted on
this website. The mediation will not extend beyond one day. All discussions taking place in mediation are
confidential. Any documents generated as a result of the mediation shall be treated as loan documents in
the ordinary course of a restructured loan. The parties must participate in the process in good faith.*
*Good faith is defined in the "Agreement to Participate"
6/7/2011