WHAT IF A HOMEOWNER OR A LENDER FAILS TO APPEAR FOR THE MEDIATION?
If the homeowner fails to appear, it may result in the forfeiture of the right to mediate. In that instance, the lender is notified that the foreclosure can proceed. Under the rules, if a homeowner fails to attend the mediation, the Program Administrator will issue a certificate stating that no mediation is required. In that instance, a foreclosure may go forward. If a lender representative does not participate, the mediation will be concluded and the Mediator will issue a formal Statement to both parties. Either party may file a petition for judicial review in the appropriate District Court seeking a determination of bad faith participation and sanctions.
