Exceptions to Enrollment

1. All grantors or persons who hold the title of record who have timely filed a Petition for Mediation Assistance are herein referenced as the eligible participants, except where: (a) The grantor or the person who holds title of record has previously surrendered the real property that is the subject of the foreclosure proceedings, as evidenced by a letter signed by the grantor or the person who holds title of record confirming the surrender or delivery of the keys to the property to the trustee, the beneficiary of the deed of trust, or the mortgagee, or an authorized agent of any of these recipients; or (b) A petition in bankruptcy under Chapter 7, 11, 12, or 13 of Title 11 of the United States Code has been filed with respect to the grantor or the person who holds title of record on or after July 1, 2009, and the bankruptcy court has not entered an order closing or dismissing the case, or granting relief from the automatic stay of the foreclosure. After enrollment, the grantor must provide notice to the appropriate District Court within 5 days of filing a Petition in Bankruptcy. If a mediation is convened, and it is determined the grantor filed a Petition in Bankruptcy without notifying the District Court upon an order closing or dismissing the case, or granting relief from the automatic stay, all grantor fees previously paid shall be forfeited. Lender fees will be refunded. The grantor may refile a Petition for Mediation Assistance within 30 days of the order. A $500 fee with $250 paid by the grantor and $250 paid by the lender, unless otherwise stipulated, as well as all other associated filing fees, will be required upon the subsequent request for mediation. [Added; effective July 31, 2009; amended; effective August 31, 2017.]