IN THE CIRCUIT COURT OF THE XXXXXXXXXX JUDICIAL CIRCUIT

IN AND FOR XXXXXXXXX COUNTY, FLORIDA

CIVIL DIVISION CASE NO: XX-XX-XXXXX

NAME OF PLAINTIFF,

PLAINTIFF,
vs.

NAME OF DEFENDANT(S),

DEFENDANT(S).
____________________________________________________ /

MOTION TO COMPEL MEDIATION

(Defendant’s Primary Residence/Homestead)

COMES NOW the DEFENDANT(S) _________________ and _________________ by

and through his/her/their undersigned counsel and moves this Honorable Court for an Order

compelling mediation of this foreclosure action as it relates to DEFENDANT’S primary

residence/homestead and as grounds therefore states as follows:

1. The DEFENDANT(S) is/are the borrower(s)/mortgagor(s) in the above captioned

case.

2. The subject real property secured by the mortgage in this case is the DEFENDANT’S

primary residence and as such, DEFENDANT(S) is/are highly motivated to resolve

and address this issue.

3. The DEFENDANT(S) has/have made good faith efforts to initiate direct contact with

the PLAINTIFF in order to expedite this case and all such efforts have been made

without prejudice to the PLAINTIFF, in an attempt to resolve the disputes arising out

of the mortgage foreclosure, but DEFENDANT(S) has/have received no satisfactory

response from PLAINTIFF or no response at all.

4. DEFENDANT(S) further represent to both this Court and opposing counsel that

DEFENDANT(S) is/are willing to engage in mediation to address the mortgage

 CASE NO: XX-XX-XXXXX

foreclosure action and resolve it on grounds which will be acceptable by PLAINTIFF

and DEFENDANT(S) which include, but may not be limited to the following:

a.) Reinstatement of the mortgage and an agreement for payment

of past due mortgage payments on amounts structured to meet the
DEFENDANT’S income level.
b.) Modification of the mortgage and potential reduction of the
principal balance.
c.) Reduction of the principal balance to 90% of the current fair
market value of the property.
d.) Reduction in the interest rate.
e.) Agreement to allow a short sale on the property with release of
mortgage and retention of liability against DEFENDANT(S).
f.) Short sale of the property with release of mortgage and with
waiver of liability for any deficiency as against the DEFENDANT(S).
g.) Stipulation as to entry of agreed upon foreclosure judgment
with the retention of liability for deficiency against the DEFENDANT(S).
h.) Stipulation of entry of judgment of foreclosure with a waiver
of liability against DEFENDANT(S) for any deficiency.
i.) Stipulation for obtainment of deed to the property and release
of the mortgagor.
j.) Stipulation in regard to acceptance of deed to the property by
PLAINTIFF and an agreed upon and adjusted payment for any deficiency in
a lump sum payment.
k.) Promissory Note in lieu of cash payment for settlement of the
deficiency amount.
5. The DEFENDANT(S) believe(s) that mediation will resolve the PLAINTIFF’S

claims, the DEFENDANT’S defenses and further eliminate this case as a pending

case on the Court Docket from a standpoint of further motion practice or hearings.
 CASE NO: XX-XX-XXXXX

6. DEFENDANT(S) represent(s) to this Court that the DEFENDANT(S) is/are not

imposing this motion to delay or in any way prejudice the PLAINTIFF, but in fact a

way to expedite this proceeding with a direct benefit to both the PLAINTIFF and

DEFENDANT(S) in this action, as well as to relieve the Court System of future

judicial labor.

WHEREFORE, NAME OF DEFENDANT(S) respectfully request(s) that this

Honorable Court grant his/her/their motion to compel mediation between the PLAINTIFF and

DEFENDANT(S) to resolve the dispute that exists in the instant case, and for such further relief

as this Court deems just and proper under the circumstances.

LAW FIRM NAME

STREET ADDRESS
CUTY STATE ZIP CODE
Telephone: xxx-xxx-xxxx
Facsimile: xxx-xxx-xxxx

By:______________________________________
Name of Attorney, ESQ.
Florida Bar No.: 123456
Attorney for Defendants,
Name of Defendant #1
Name of Defendant #2

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing Motion to Compel

Mediation has been furnished via U.S. mail to: NAME OF OPPOSING COUNSEL, Esq.,

ADDRESS OF OPPOSING COUNSEL and NAME OF DEFENDANT, ADDRESS OF

DEFENDANT, on this ____ day of MONTH, 2010.

By:______________________________________
Name of Attorney, ESQ.
Florida Bar No.: 123456