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A Collection of Informative Materials for Judicial Officers

Settling for Foreclosure? The Mortgage Foreclosure Settlement Conference

Session Presentation (Mortgage Foreclosure Trial Court Assistance Project)
Session Presentation (Settling for Foreclosure? The Mortgage Foreclosure Settlement Conference)
31 pages | 941 kb

Materials submitted by Elizabeth Daulton, Project Manager, Mortgage Foreclosure Trial Court Assistance Project; Judge Michael Gotsch, St. Joseph Circuit Court; and Judge Nancy Boyer, Allen Superior Court.  Presented at the 2010 Spring Judicial College Program, April 16, 2010.

Everyone has heard of the mortgage foreclosure crisis, but what can and should courts do to combat it?  In reaction to the foreclosure crisis, new legislation was enacted to provide foreclosed borrowers with the right to a settlement conference with their lenders.  In 2009, less than one percent of foreclosed borrowers took advantage of these conferences. This workshop explored the dynamics of settlement conferences, key players and their roles, best practices in scheduling and holding settlement conferences, and stories from the front lines.

Understanding Indiana's New Foreclosure Law

Session Presentation

Materials prepared or compiled by Judge Michael Gotsch, St. Joseph Circuit Court; Cynthia Ayers, Marion Superior Court; Nancy Boyer, Allen Superior Court; Francie Hill, Monroe Circuit Court; and Jennifer Weber, Staff Attorney, Indiana Judicial Center.  Presented at the 2009 Annual Meeting of the Judicial Conference of Indiana, September 16-18, 2009.

In this session, participants learned about the latest developments in federal and state foreclosure law, as well as heard about practical steps judges are taking to comply with Indiana's new foreclosure law, specifically concerning the settlement conference requirements.  A panel of judges discussed the judicial role in managing foreclosure cases, and provided participants the opportunity to ask questions or share their experiences implementing or modifying court procedures reflective of the new foreclosure case process.