Ill. R. Cir. Ct. Lake Cnty. 7-2.18

As amended through September 23, 2024

Rule 7-2.18 - Cooperation with the Program and Sanctions

A. All participants shall at all times cooperate with the Agency and the Mediator, including appearing promptly as directed for appointments and mediation, communicating as directed, engaging in appropriate behavior at all times, and promptly preparing a loss mitigation package, or tendering or acknowledging receipt of or reviewing documents or information as directed. Failure to cooperate as required shall result in the issuance of a Non-Cooperation Report from the Agency, the Mediator, or Program Coordinator and the mediation shall be terminated and the stay shall be lifted. Additionally, sanctions may be imposed by the Court on motion or sua sponte.

B. Both the Lender and the Homeowner are required to attend and participate in the mediation process in good faith and the failure of the Lender or the Homeowner to do so may result in sanctions against that party. Good faith participation means attendance at all scheduled conferences and compliance with all program requirements and deadlines, unless a party has good cause for failing to attend or comply.

C. For Lenders, sanctions may include, but are not limited to, dismissal of the action by the Court, with the Lender unable to recover its costs of re-filing in any subsequent foreclosure action.

D. For Homeowners, sanctions may include, but are not limited to, termination of the mediation and referral of the case back to the Court.

E. Upon written Motion, additional sanctions for either party may include but are not limited to reasonable attorney's fees, fines, and lost wages attributable to the misconduct.

Ill. R. Cir. Ct. Lake Cnty. 7-2.18

Amended effective 10/24/2016.