Administrative Order No. 3.308-6/10 has been passed by the Fifteenth Judicial Circuit of Palm Beach County and is effective as of July 12, 2010. Pursuant to this order, all residential mortgage foreclosure actions filed in the Fifteenth Judicial Circuit against a homestead residence shall be referred to the RMFM Program (Residential Mortgage Foreclosure Mediation Program.) The RMFM Program will be managed by the Palm Beach CountyBar Association. For purposes of this Order "Homestead Residence" is defined as a residential property for which a homestead real estate tax exemption was granted according to the certified rolls of the last assessment by the county property appraiser prior to filing of the suit to foreclose the mortgage.

In actions to foreclose a mortgage on a homestead residence, the plaintiff and borrower shall attend at least one mediation session, unless the plaintiff and borrower agree in writing not to participate in the RMFM Program or the Program Manager files a notice of borrower nonparticipation.

At the discretion of the presiding judge, this Order may apply to homestead residential foreclosure actions filed prior to the effective date of the order, for residences which are not homestead residences, or for any other residential foreclosure action the presiding judge deems appropriate.

Condominium association and homeowner's association fee foreclosures are not included in the RMFM Program, nor are mechanics lien and construction lien foreclosures.

Participating borrowers must attend foreclosure counseling no later than 30 days after the borrower is initially in contact with the RMFM Program Manager. Borrowers' attorneys may attend foreclosure counseling with their clients, but attendance by legal counsel without the borrower does not satisfy the requirement. Borrowers will also be requried to provide Financial Disclosure for Mediation. According to the Order, borrowers may also request specific information and documents from the lender.

All borrowers participating in the RMFM Program will be advised by the Program Manager of their right to consult an attorney at any time during the mediation process and of their right to bring an attorney to the mediation session. Mediation sessions will be scheduled by the RMFM Program Manager no earlier than 60 days and no later than 120 days after suit is filed. Mediations will be scheduled at a date and time convenient to both the borrower and lender at suitable locations within the circuit.

The RMFM Program is based on the assumption that a successful mediation  can be accomplished with one session. Mediation sessions will not last longer than two hours. The same fee will also apply to a second mediation session if it is completed on the same day as the first session. The cost of mediation is $750.00 and will be paid by the lenders. Program fees for subsequent optional mediation sessions are $200.00 per session and will be split by the parties.