For purposes of this mediation rule, "residential mortgage foreclosure" means a mortgage foreclosure case pending in the Circuit Court of Cook County, Chancery Division, Mortgage Foreclosure/Mechanics Lien Section against property that is:
All non-residential mortgage foreclosure cases will comply with and be referred to mediation under the provisions set forth in sections 21.01 through 21.14.
Provisions in Sections 21.14(D)(1)-(10) are applicable to residential foreclosure cases.
Any self-represented defendant in a pending residential mortgage foreclosure case has the option to meet with a legal aid attorney provided through the Chancery Division Advice Desk, at no cost to the defendant, for legal advice and assistance in preparing necessary paperwork.
Any party requesting mediation in a pending residential mortgage foreclosure mediation case must present a written motion to the court. The motion must be certified pursuant to Section 1-109 of the Illinois Code of Civil Procedure, 735 ILCS 5/1-109 (2012), or supported by an affidavit that complies with Illinois Supreme Court Rule 191. The motion must identify compliance with the sections 21.14(B) and 21.14(D)(1)(i)-(iii).
Parties in residential mortgage foreclosure cases must exchange and review all documents relating to any possible settlement agreement prior to any referral to mediation. A failure by the defendant to provide the plaintiff with the required financial documents for a loan modification or other settlement agreement may result in the denial of a request for mediation. A failure by the plaintiff to review the completed financial documents timely submitted by the defendant may result in a stay of the foreclosure case until a review has occurred. Document exchange may be ordered by the court at the initial case management hearing or at any other court hearing thereafter at the court's discretion.
All provisions of Section 21.03 shall apply to residential mortgage foreclosure cases except as provided in Sections 21.14(D)(4)(i)-(iv):
In all residential mortgage foreclosure cases, the court may automatically appoint the Center for Conflict Resolution as the mediator to provide mediation services at no cost to either party. If all parties agree to the appointment of a court-certified mediator that is not the Center for Conflict Resolution, the court may appoint a court-certified mediator other than the Center for Conflict Resolution. If the parties agree to the appointment of a court-certified mediator, all parts of Section 21.03, including compensation of the mediator, apply to the mediation.
The first mediation session for a residential mortgage foreclosure case must occur within four (4) months of entry of the order of referral to mediation. This time for scheduling the first mediation session may be adjusted by the court for good cause shown.
Mediation will be completed within three (3) months of the first mediation session unless extended by court order, for good cause shown.
The time for initial mediation sessions and for completing mediation sessions does not apply retroactively to residential mortgage foreclosure cases referred to mediation before the effective date of this rule.
The court may appoint Chicago Volunteer Legal Services (CVLS) in a limited capacity to represent an otherwise unrepresented defendant at the mediation session(s) at no cost to the defendant. Defendant may waive this appointment and proceed with a private attorney or as a self-represented defendant. CVLS may make a motion to terminate its appointment for mediation for good cause shown.
Except as provided in Section 21.14(D)(6)(ii), all parts of Section 21.04 apply to residential mortgage foreclosure cases that are referred to mediation.
In addition to the requirements set forth in Section 21.04(A), the representative of the lender may appear by telephone for the mediation session at the court's discretion. Appearance by telephone does not exempt any requirement that the representative attending the mediation have full authority to negotiate a settlement on behalf of the lender.
All parts of Section 21.05 apply to residential mortgage foreclosure cases. In addition to the requirements set forth in Section 21.05(A), if the parties have not reached an agreement after two (2) mediation sessions and the parties cannot agree whether to hold a third or subsequent mediation session, either or both sides may file a motion to terminate the mediation pursuant to Section 21.05(A)(3), or a motion to return to the trial call, or an equivalent motion, with the court. Additionally, the mediator may file a Form 4 (Memorandum of Agreement/No Agreement) and a Form 5 (Mediator Report) with the court explaining the parties have not reached agreement and could not agree to further mediation sessions.
No judgment of foreclosure will be sought or entered in a residential mortgage foreclosure case until completion of the mediation. In the event a residential mortgage foreclosure case was referred to mediation after entry of the judgment of foreclosure, no sale will be conducted or approved until completion of the mediation. Section 21.06 controls all other proceedings in residential mortgage foreclosure cases.
Form 7: Mortgage Foreclosure Mediation Referral Order
Form 8: Mortgage Foreclosure Mediation Status Order
All judges, key court personnel, and volunteers providing direct services to the court will be trained on appropriate mediation services for Chancery Division cases, including residential mortgage foreclosure cases:
Training will be provided for all judges and key court personnel assigned to mortgage foreclosure mediation cases. "Key court personnel" may include judicial law clerks, secretaries, student externs, and circuit court clerks, among other staff members.
All volunteers providing direct services for the court for mortgage foreclosure mediation shall demonstrate that they are adequately trained. Volunteers may demonstrate adequate training by providing the court with a certificate of training from an accredited institution, such as an ABA accredited law school or a court approved mediation training institution, which covers the topics set forth Section 21.14(E)(1)(i).
Funding for mortgage foreclosure mediation is provided by the Cook County Board of Commissioners at no cost to the parties. This funding covers dedicated housing counseling services, dedicated pro bono legal aid, mediation services and some court staff.
Ill. R. Cir. Ct. Cook Cnty. 21.14