RMFM Mediation Procedures

American Arbitration Association, Program Manager

Mediation

Mediation is a non-binding process where the parties, the Borrower and Lender, attempt to find
a mutually acceptable resolution to their dispute with the help of a neutral person called the
Mediator. The Residential Mortgage Foreclosure Mediation (RMFM) Program is available to
Borrowers who reside in their primary, Homestead tax exempt residence.

These procedures will apply except where there may be a conflict with the Florida Supreme
Court or Circuit Court’s Administrative Order. Where there is such a conflict between these
Procedures, and a Court’s Administrative Order, the Order will apply.

The Program Manager

The American Arbitration Association (AAA) is a not-for-profit and neutral dispute resolution
service provider organization designated as the Program Manager to handle administration of
post-suit foreclosure mediation cases by certain Florida Judicial Circuits Courts.

Designation of Plaintiff Liaisons with RMFM Program

Any plaintiff who has filed five (5) or more foreclosure actions in the Circuit while the Circuit
Court’s Administrative Order authorizing the RMFM Program is in effect shall appoint two
RMFM Program liaisons, one of whom shall be a lawyer and the other a representative of the
entity servicing the plaintiff’s mortgages, if any, and, if none, a representative of the plaintiff.
Plaintiff’s counsel shall provide written notice of the name, phone number (including extension),
email, and mailing address of both liaisons to the chief judge and the RMFM Program Manager
within 30 days after the effective date of the Circuit Court’s Administrative Order, and on the first
Monday of each February thereafter while the Administrative Order is in effect.

Lender Filing Information and Contact Information

Within one business day after Lender files Form A with the clerk of court, counsel for plaintiff
shall also electronically transmit a copy of Form A to the RMFM Program Manager along with
the case number of the action and contact information for all parties. The contact information
must include at a minimum the last known mailing address and phone number for each party.
Form A may be filed online using AAA Webfile® at www.adr.org. Please see the fee schedule
below regarding the Lender’s fees that must accompany the filing.

Borrower Participation

Borrowers must complete the Borrower’s Request to Participate in RMFM Program form and
send to the RMFM Program Manager by emailing the completed form to
www.foreclosuremediation@adr.org. The form is available through the Program Manager or at
www.ForeclosureMediationFL.adr.org.
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Attorney Representation

Both parties are entitled, but not obligated, to have representation by an attorney at the
mediation. The parties must provide each other and the Program Manager with the name and
contact information of their attorney.

Foreclosure Counseling and Borrower Disclosures to Lender

Borrowers participating in the RMFM Program are required to meet with a Certified Foreclosure
Counselor and complete the required Borrower’s Financial Disclosures Worksheet, which must
be provided to the Program Manager prior to the mediation session. Program Manager will
schedule the mediation session for a date at least 25 days after the Borrower’s Financial
Disclosures have been made available to the Lender. The Program Manager will provide the
Worksheet to the Lender on a secure web-enabled information platform or through a secure
email address.

Lender Disclosures to Borrower

Borrowers are entitled to request disclosures from the Lender, no later than 25 days prior to the
scheduled mediation session. Borrower’s Request for Lender’s Disclosure for Mediation is
available online at www.ForeclosureMediationFL.adr.org or from the Program Manager.
Lenders disclosure must be returned to the program manager not later than five (5) business
days prior to the mediation session. The Program Manager will transmit to the Borrowers and to
the electronic case site.

These disclosures consist of:

• Documentary evidence the Lender (Plaintiff) is the owner and holder in due course of
the note and mortgage sued upon.

• A history showing the application of all payments by the Borrower during the life of
the loan.

• A statement of the Lender’s position on the present net value of the mortgage loan.

• The most current appraisal of the property available to the Lender.

Notice of Non-Participation in Mediation

If the Borrower does not want to participate in the RMFM Program, or if the Borrower fails to
complete foreclosure counseling, or if the Program Manager is unable to contact the Borrower,
the Program Manager is required to file a Notice of Borrower’s Non-Participation with the Court
and with the Lender. The foreclosure lawsuit may then continue in the Court.

RMFM Program Mediators

A list of mediators is maintained by the Program Manager and one will be appointed for each
case unless the parties jointly select a qualified mediator. RMFM mediators are Supreme Court
civil certified mediators trained in mediating residential mortgage foreclosure matters. The

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mediators are independent and impartial and shall be governed by the Standards of
Professional Conduct in the Florida Rules for Certified and Court Appointed Mediators adopted
by the Florida Supreme Court.

Mediation Process and Timeline

All mediation communications occurring as a result of the Court’s Administrative Order,

including information provided to the Program Manager that is not filed with the court, shall be
confidential and inadmissible in any subsequent legal proceeding pursuant to Chapter 44,
Florida Statutes, the Florida Rules of Civil Procedure, and the Florida Rules for Certified and
Court-Appointed Mediators, unless otherwise provided for by law.

Mediation sessions will be held at a suitable location(s) within the Circuit. The mediation is not
scheduled in the first 60 days after Form A is filed. Mediation may not take place unless the
Borrower has completed Foreclosure Counseling and a Financial Disclosure Worksheet has
been provided.

If the parties cannot settle at the initial mediation, the parties may agree to negotiate further on
their own, or may ask the Program Manager and mediator to schedule a second session if they
believe it will help. If a third or subsequent session is scheduled, an additional mediation fee will
be required from the Lender. If the parties, do not settle the matter in mediation, the RMFM
Program case will be closed and the foreclosure suit may continue in court.

Attendance Requirements

Certain persons are required to be physically present at the mediation session: the Lender’s
attorney; the Borrower; and the Borrower’s attorney of record, if any, and the mediator. The
Lender business representative will also attend the mediation but may attend by telephone as
the Lender may be located outside of the area.

When the Lender’s representative will appear at mediation through the use of communication
equipment, the Lender’s attorney will file and serve a Notice that Plaintiff’s Representative Will
Appear Through the Use of Communication Equipment and Designation of Authority to Sign
Settlement Agreement at least five (5) days prior to the mediation. When attending mediation
by use of communication equipment, the Lender’s representative must attend the entire
mediation.

When a mediation results in an impasse and following attendance at mediation through the use
of communication equipment, Lender’s attorney must serve a Certification Regarding
Attendance at Mediation Through the Use of Communication Equipment with the Court within
five (5) days of the mediation session.

Junior lienholders and counsel, if any, may also appear at mediation by a representative with full
settlement authority.

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Fees

The fee structure for the RMFM Program assumes a settlement is reached in one mediation
session. The Borrower is not responsible for any fees in connection with the RMFM Program.
The program fees, paid by the Lender, are $750.00 payable as follows:

Lender’s Staged Fees Fees Refunds or Credits

Initial Outreach and $400 $175 if within 15 days of Receipt of Form A the Lender withdraws
Foreclosure Counseling the case; or Borrower opts-out from the Program; or if the case is
(F/C) Fee closed in 15 days due to inability to contact Borrower; or if
Borrower is determined ineligible in that time period. $100 if
Borrower chooses not to proceed to Foreclosure Counseling once
Borrower contacted
Mediator Fee $350 $350 if cancelled in writing more than 5 days before Mediation
date – No refund if cancelled less than 5 days before to Mediation
3rd and subsequent $350 date
Mediation Sessions Fee