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IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
GENERAL CIVIL DIVISION
NATIONSTAR MORTGAGE, LLC,
Plaintiffy), CASE NO.: 29-20 l 3-CA-014 46
vs. DIVISION: N
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'EEL (ax
JOHN MICHAEL THOMA, JR. 3, ,,.¢
CINDY MARY THOMA, et al.,
Defendant(s).
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UNIFORM ORDER OF REFERRAL To FORECLOSURE MEDIATION Q0 3. 'ZR
(7
(Erective June 17, 2013) 4 \.O
if -A ¢\>
»n W}
Under Chapter 44 of the Florida Statutes and Rules 1.700-1 .730 of the Rules off evil Procedure, di """!
court finds that the above styled cause is appropriate for mediation and the case is hereby referred to the
Hillsborough County Bar Foundation Residential l\/lortgage Foreclosure Mediation Program ("RMPM
Program") for mediation in accordance with the provisions outlined below.
l. Within l 0 days from the date of this Uniform Order of Rdeferral to Foreclosure Mediation
("Order of Referral") the plaintiff must:
A. . Pprovide to the RMFM Program payment in the amount of $650.00 for midianion
services to be provedad by the Rl\/[FM Program. Mediation services will include maintaining a W eb-
enabled information platform, the coordination of the collection and eachante of fiinancial documents,
coordinating and scheduling one mediation conference, provedink medlotion facilities, assignment of a
mediator and other relaged administrative tasks associated with the mediation conference. In the event
additional mediation conferences are required, the plaintiff will be required to pay a fee of $325
pflr
additional mediation confTerence,
B. Fully and accurately complete a Plaintiffs Certification Form which must be
electronically transmitted to the Rl\/[FM Program and the original filed with the Clerk of the Circuit Court
("Clerk"), and
C. Fully and accurately complete a Contact lnformotion Form which must be
electronically transmitted to the RMFM Program. Complete and accurate Contact information must be
provided, to include at a minimum, the last know mailing address and telephone number for the
borrower(s).
sanction The plaintiffs counsel must verify that the mailing address and telephone number for the
borrower(s) is correct. The Program Manager is not required to contact the borrower(s) until such
information is received and the RMFM Program time Frames will be helf in abeyance until complete and
accurate contact information is provided. The Program Manager will notify plaintiffs counsel of any
incomplete or seemingly inaccurate informalion and plaintiffs counsel will provide correct information
promptly. Failure of the plaintiff' s counsel to provide accurate and complete information, includingg bus not
limited to, all partieds' names, all parties' addresses and all parties' telephone numbers, may result in court
ns, including but not limited to, dismissal of the case.
The Plaintiffs Certification Form and the Contact information Form may be accessed on
the Rl\/[FM Program's website at www.hillsbarfoundation.com and on the Thirteenth Judicial Circuit's
webpage at www.fl_iud l 3.org/Forms.aspx.
2. Within 15 days from the date of this Order of Referral the borrower may submit to the
RMFM Program a Borrower's Request for Plaintiffs Disclosure for Mediation Form. The Borrower's
Request for Plaintiffs Disclosure for Mediation Form may be accessed on the Rl\/lFl\/l Program's website at
www.hillsbarfoundationcom and on the Thirteenth Judicial Circuit's webpage at
www.tlljudl3.org/Forms.aspx.
3. At least 30 days prior to a scheduled mediation conference the borrower must provide to the
RMFM Program a completed Borrower's Financial Disclosure for Mediation Form and any additional
documentation that was requested by the plaintiff in its Plaintiffs Certification Form. If the borrower is
seeking an alternative workout option such as a short sale or deed in lieu of foreclosure, the borrower must
also provide a completed Borrower's Financial Disclosure for Mediation Short Sale Form or Borrower's
Financial Disclosure for Mediation Deed in Lieu of Foreclosure Form, or both, as applicable. A
Borrower's Financial Disclosure for Mediation - Short Sale Form and Borrower's Financial Disclosure for
Mediation Deed in Lieu of Foreclosure Form may be accessed on the RMFM Program's website at
www.hillsbarfoundation.com and on the Thirteenth Judicial Circuit's webpage at
www.fljudl 3 .org/Forms.aspx.
4. At least 15 days prior to the scheduled mediation conference the plaintiff must review all of
the documents and other information submitted by the borrower and determine if the plaintiff needs
additional documentation or information from the borrower. If the plaintiff requires additional
documentation or information from the borrower, or if any of the originally requested documentation or
information was not received, or if documents received were completed incorrectly, not fully completed, or
if any of the documents or information needs to be updated, the plaintiff must advise the borrower and the
RMFM Program by filing and serving an Amended Plaintiffs Certification Form at least 15 days prior to
the scheduled mediation conference.
5. At least 10 days prior to the scheduled mediation conference the plaintiff must provide to
the RMFM Program the information requested in the Borrower's Request for Plaintiff's Disclosure for
Mediation.
6. At least 10 days prior to the scheduled mediation conference, all parties will file with the
clerk, and electronically transmit to the RMFM Program, a notice identifying the person or persons who
will be attending the mediation conference as the party representative and confirm that those persons have
the authority to settle required in Rule l.720(b) of the Rules of Civil Procedure.
7. The plaintiff, its attorney, the borrower and her or his attorney, if any, must appear at the
mediation conference. Under Rule of Civil Procedure 1.720(b), a party is deemed to appear at a mediation
conference if the party, or its authorized representative, is present with full authority to settle without
further consultation. A corporate party must send a corporate representative, other than the attorney, with
full authority to settle the case. A corporate plaintiff may appear telephonically and will be responsible for
calling into the mediation at the designated start time. Legal counsel for the plaintiff is required to appear
in person. The requirement to have an authorized representative with full authority to settle applies
whether the authorized representative appears in person or by telephone.
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8. A mediation conference in this cause will be held within 60 days of the date of this Order of
Referral.
9. Within 10 days of the completed mediation conference, the RMFM Program will file with
the clerk, on behalf of the mediator, a Mediation Report Form. The Mediation Report may be accessed on
the RMFM Program's Website at www.hillsbarfoundationcom and on the Thirteenth Judicial Circuit's
webpage at wwwfljudl3.org/Forms.aspx.
10. The Rl\/[FM Program, for good cause, has the authority to extend or shorten the time frames
contained in this Order of Referral.
l l. All information required to be provided under this Order of Referral to the Rl\/IFl\/l Program
must be transmitted electronically to the RMFM Program via its Web-enabled information platform. The
RMFM Program is responsible for facilitating the exchange of information between the plaintiff and the
borrower required by this Order of Referral.
12. Written notice to the Rl\/IFM Program of any change or cancellation of the scheduled
mediation conference must be given at least tide days prior to the scheduled mediation conference. The
failure to provide timely notice of the cancellation of a scheduled mediation conference will result in the
Rl\/[FM Program retaining the full mediation services fee. If the parties desire to reschedule a cancelled
mediation which was not timely cancelled the party responsible for cancelling the original scheduled
mediation conference will pay an additional $325.00 rescheduling fee to the RMFM Program unless the
Court orders otherwise or the Rl\/lFl\/I Program agrees to waive the rescheduling fee. The RMFM Program
has the discretion not to reschedule a mediation conference until the rescheduling fee is paid.
13. If at any time after commencement of mediation services by the Rl\/[FM Program one or
both of the parties (i) fails to timely complete the necessary financial document exchange (ii) fails to make
themselves available for mediation in a timely manner, or (iii) cancels a mediation conference at least five
days prior to the scheduled mediation conference date and refuses to reschedule the conference for any
reason whatsoever, the RMFM Program will retain the full mediation services fee as payment for the
mediation services previously rendered.
14. If the plaintiff or the borrower fails to comply with the provisions of this Order of Referral,
the RMFM Program will file a Notice of Noncompliance.
15. The parties may opt-out of mediation through the RMFM Program by mutually agreeing
upon the designation of a private certified foreclosure mediator of their choice Within 10 days of the date of
this Order of Referral. If the parties agree on a private certified foreclosure mediator, the plaintiffs counsel
within 10 days of the date of this Order of Referral must:
A. File with the clerk a Notice of Stipulation of Private Certified Foreclosure Mediator
signed by all parties. The notice must identify the name, address and telephone number of the agreed upon
private certified foreclosure mediator and provide the date and time for the scheduled mediation
conference,
B. Serve the Notice of Stipulation of Private Certified Foreclosure Mediator on all
parties, and
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C. Provide an electronic copy of the Notice of Stipulation of Private Certified
Foreclosure Mediator to the RMFM Program by uploading the notice to the RMFM Program's web-
enabled information platform.
A private certified foreclosure mediator selected by agreement of the parties under this section will
be deemed designated as mediator in the case Without further order of the court. However, a plaintiffs
counsel's Failure to timely comply with the all of the opt-out conditions in this section above will result in
the case remaining for mediation through the Rl\/IFM Program.
The designated private certified foreclosure mediator must be a Supreme Court certified circuit
civil mediator who is specially trained in mortgage foreclosure cases. A designated private certified
foreclosure mediator must comply with the timelines and exchange of information and documentation
outlined by this Order of Referral and is encouraged to facilitate the exchange of information and
documentation electronically.
16. The parties must comply with this uniform order and the mediation process must be completed
before the plaintiff applies for a default judgment, a summary judgment hearing, or a final hearing in an
action to foreclosure the property unless a Notice of Borrower Non-Compliance or a Mediation Report are
tiled by the Program Manager.
17. If any of the parties fails to comply with the obligations set forth herein to ensure that
mediation is accomplished expeditiously, the court may, on its own motion or on motion of any party,
dismiss the case, strike pleadings, enter default, remove the case from the summary judgment or trial
calendar, or impose any other sanctions that it may deem appropriate under the circumstances.
DONE ND ORDERED in Tampa, Hillsborough County, Florida on this day of
/'54 L( ,20
IRCUIT CO RT JUDGE
Copies furnished to:
Laura M. Sheehan, Shapiro, Fishman & Ache, LLP, 4630 Woodland Corporate Blvd., Ste. 100, Tampa,
FL 33614
Mark P. Stops, Stops Law Firm, 447 3rd Ave. N., Ste. 405, St. Petersburg, FL 33701
4
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IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA GENERAL CIVIL DIVISION NATIONSTAR MORTGAGE, LLC, Plaintiffy), CASE NO.: 29-20 l 3-CA-014 46 vs. DIVISION: N 4 F" 'EEL (ax JOHN MICHAEL THOMA, JR. 3, ,,.¢ CINDY MARY THOMA, et al., Defendant(s). up '-96 -;a CO / ae ad co W o w Q 'Zia ad u UNIFORM ORDER OF REFERRAL To FORECLOSURE MEDIATION Q0 3. 'ZR (7 (Erective June 17, 2013) 4 \.O if -A ¢\> »n W} Under Chapter 44 of the Florida Statutes and Rules 1.700-1 .730 of the Rules off evil Procedure, di """! court finds that the above styled cause is appropriate for mediation and the case is hereby referred to the Hillsborough County Bar Foundation Residential l\/lortgage Foreclosure Mediation Program ("RMPM Program") for mediation in accordance with the provisions outlined below. l. Within l 0 days from the date of this Uniform Order of Rdeferral to Foreclosure Mediation ("Order of Referral") the plaintiff must: A. . Pprovide to the RMFM Program payment in the amount of $650.00 for midianion services to be provedad by the Rl\/[FM Program. Mediation services will include maintaining a W eb- enabled information platform, the coordination of the collection and eachante of fiinancial documents, coordinating and scheduling one mediation conference, provedink medlotion facilities, assignment of a mediator and other relaged administrative tasks associated with the mediation conference. In the event additional mediation conferences are required, the plaintiff will be required to pay a fee of $325 pflr additional mediation confTerence, B. Fully and accurately complete a Plaintiffs Certification Form which must be electronically transmitted to the Rl\/[FM Program and the original filed with the Clerk of the Circuit Court ("Clerk"), and C. Fully and accurately complete a Contact lnformotion Form which must be electronically transmitted to the RMFM Program. Complete and accurate Contact information must be provided, to include at a minimum, the last know mailing address and telephone number for the borrower(s). sanction The plaintiffs counsel must verify that the mailing address and telephone number for the borrower(s) is correct. The Program Manager is not required to contact the borrower(s) until such information is received and the RMFM Program time Frames will be helf in abeyance until complete and accurate contact information is provided. The Program Manager will notify plaintiffs counsel of any incomplete or seemingly inaccurate informalion and plaintiffs counsel will provide correct information promptly. Failure of the plaintiff' s counsel to provide accurate and complete information, includingg bus not limited to, all partieds' names, all parties' addresses and all parties' telephone numbers, may result in court ns, including but not limited to, dismissal of the case. The Plaintiffs Certification Form and the Contact information Form may be accessed on the Rl\/[FM Program's website at www.hillsbarfoundation.com and on the Thirteenth Judicial Circuit's webpage at www.fl_iud l 3.org/Forms.aspx. 2. Within 15 days from the date of this Order of Referral the borrower may submit to the RMFM Program a Borrower's Request for Plaintiffs Disclosure for Mediation Form. The Borrower's Request for Plaintiffs Disclosure for Mediation Form may be accessed on the Rl\/lFl\/l Program's website at www.hillsbarfoundationcom and on the Thirteenth Judicial Circuit's webpage at www.tlljudl3.org/Forms.aspx. 3. At least 30 days prior to a scheduled mediation conference the borrower must provide to the RMFM Program a completed Borrower's Financial Disclosure for Mediation Form and any additional documentation that was requested by the plaintiff in its Plaintiffs Certification Form. If the borrower is seeking an alternative workout option such as a short sale or deed in lieu of foreclosure, the borrower must also provide a completed Borrower's Financial Disclosure for Mediation Short Sale Form or Borrower's Financial Disclosure for Mediation Deed in Lieu of Foreclosure Form, or both, as applicable. A Borrower's Financial Disclosure for Mediation - Short Sale Form and Borrower's Financial Disclosure for Mediation Deed in Lieu of Foreclosure Form may be accessed on the RMFM Program's website at www.hillsbarfoundation.com and on the Thirteenth Judicial Circuit's webpage at www.fljudl 3 .org/Forms.aspx. 4. At least 15 days prior to the scheduled mediation conference the plaintiff must review all of the documents and other information submitted by the borrower and determine if the plaintiff needs additional documentation or information from the borrower. If the plaintiff requires additional documentation or information from the borrower, or if any of the originally requested documentation or information was not received, or if documents received were completed incorrectly, not fully completed, or if any of the documents or information needs to be updated, the plaintiff must advise the borrower and the RMFM Program by filing and serving an Amended Plaintiffs Certification Form at least 15 days prior to the scheduled mediation conference. 5. At least 10 days prior to the scheduled mediation conference the plaintiff must provide to the RMFM Program the information requested in the Borrower's Request for Plaintiff's Disclosure for Mediation. 6. At least 10 days prior to the scheduled mediation conference, all parties will file with the clerk, and electronically transmit to the RMFM Program, a notice identifying the person or persons who will be attending the mediation conference as the party representative and confirm that those persons have the authority to settle required in Rule l.720(b) of the Rules of Civil Procedure. 7. The plaintiff, its attorney, the borrower and her or his attorney, if any, must appear at the mediation conference. Under Rule of Civil Procedure 1.720(b), a party is deemed to appear at a mediation conference if the party, or its authorized representative, is present with full authority to settle without further consultation. A corporate party must send a corporate representative, other than the attorney, with full authority to settle the case. A corporate plaintiff may appear telephonically and will be responsible for calling into the mediation at the designated start time. Legal counsel for the plaintiff is required to appear in person. The requirement to have an authorized representative with full authority to settle applies whether the authorized representative appears in person or by telephone. 2 8. A mediation conference in this cause will be held within 60 days of the date of this Order of Referral. 9. Within 10 days of the completed mediation conference, the RMFM Program will file with the clerk, on behalf of the mediator, a Mediation Report Form. The Mediation Report may be accessed on the RMFM Program's Website at www.hillsbarfoundationcom and on the Thirteenth Judicial Circuit's webpage at wwwfljudl3.org/Forms.aspx. 10. The Rl\/[FM Program, for good cause, has the authority to extend or shorten the time frames contained in this Order of Referral. l l. All information required to be provided under this Order of Referral to the Rl\/IFl\/l Program must be transmitted electronically to the RMFM Program via its Web-enabled information platform. The RMFM Program is responsible for facilitating the exchange of information between the plaintiff and the borrower required by this Order of Referral. 12. Written notice to the Rl\/IFM Program of any change or cancellation of the scheduled mediation conference must be given at least tide days prior to the scheduled mediation conference. The failure to provide timely notice of the cancellation of a scheduled mediation conference will result in the Rl\/[FM Program retaining the full mediation services fee. If the parties desire to reschedule a cancelled mediation which was not timely cancelled the party responsible for cancelling the original scheduled mediation conference will pay an additional $325.00 rescheduling fee to the RMFM Program unless the Court orders otherwise or the Rl\/lFl\/I Program agrees to waive the rescheduling fee. The RMFM Program has the discretion not to reschedule a mediation conference until the rescheduling fee is paid. 13. If at any time after commencement of mediation services by the Rl\/[FM Program one or both of the parties (i) fails to timely complete the necessary financial document exchange (ii) fails to make themselves available for mediation in a timely manner, or (iii) cancels a mediation conference at least five days prior to the scheduled mediation conference date and refuses to reschedule the conference for any reason whatsoever, the RMFM Program will retain the full mediation services fee as payment for the mediation services previously rendered. 14. If the plaintiff or the borrower fails to comply with the provisions of this Order of Referral, the RMFM Program will file a Notice of Noncompliance. 15. The parties may opt-out of mediation through the RMFM Program by mutually agreeing upon the designation of a private certified foreclosure mediator of their choice Within 10 days of the date of this Order of Referral. If the parties agree on a private certified foreclosure mediator, the plaintiffs counsel within 10 days of the date of this Order of Referral must: A. File with the clerk a Notice of Stipulation of Private Certified Foreclosure Mediator signed by all parties. The notice must identify the name, address and telephone number of the agreed upon private certified foreclosure mediator and provide the date and time for the scheduled mediation conference, B. Serve the Notice of Stipulation of Private Certified Foreclosure Mediator on all parties, and 3 C. Provide an electronic copy of the Notice of Stipulation of Private Certified Foreclosure Mediator to the RMFM Program by uploading the notice to the RMFM Program's web- enabled information platform. A private certified foreclosure mediator selected by agreement of the parties under this section will be deemed designated as mediator in the case Without further order of the court. However, a plaintiffs counsel's Failure to timely comply with the all of the opt-out conditions in this section above will result in the case remaining for mediation through the Rl\/IFM Program. The designated private certified foreclosure mediator must be a Supreme Court certified circuit civil mediator who is specially trained in mortgage foreclosure cases. A designated private certified foreclosure mediator must comply with the timelines and exchange of information and documentation outlined by this Order of Referral and is encouraged to facilitate the exchange of information and documentation electronically. 16. The parties must comply with this uniform order and the mediation process must be completed before the plaintiff applies for a default judgment, a summary judgment hearing, or a final hearing in an action to foreclosure the property unless a Notice of Borrower Non-Compliance or a Mediation Report are tiled by the Program Manager. 17. If any of the parties fails to comply with the obligations set forth herein to ensure that mediation is accomplished expeditiously, the court may, on its own motion or on motion of any party, dismiss the case, strike pleadings, enter default, remove the case from the summary judgment or trial calendar, or impose any other sanctions that it may deem appropriate under the circumstances. DONE ND ORDERED in Tampa, Hillsborough County, Florida on this day of /'54 L( ,20 IRCUIT CO RT JUDGE Copies furnished to: Laura M. Sheehan, Shapiro, Fishman & Ache, LLP, 4630 Woodland Corporate Blvd., Ste. 100, Tampa, FL 33614 Mark P. Stops, Stops Law Firm, 447 3rd Ave. N., Ste. 405, St. Petersburg, FL 33701 4