Some courts have adopted foreclosure mediation programs while others have adopted more flexible loss mitigation programs which allow the debtor and the mortgage holder to design their own approach within certain parameters. The approach may vary from face to face meetings to telephone conferences, with or without the assistance of a mediator.
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The Loss Mitigation Program is designed to function as a forum for debtors and lenders to reach consensual resolution whenever a debtor’s residential property is at risk of foreclosure. The Loss Mitigation Program aims to facilitate resolution by opening the lines of communication between the debtors’ and lenders’ decision-makers.
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The term "loss mitigation" refers to a loan servicer’s duty to mitigate or lessen the loss to the investor (the loan owner) resulting from the borrower’s default.Given the costs that an investor must bear through the foreclosure process, loss mitigation is intended to be beneficial for the investor.
VA sends an automated loss mitigation letter to borrowers on all loans that reach 120 days delinquent. The loss mitigation letter must: 1. Provide information on how the borrower can contact the servicer. 2. Encourage the borrower to contact the servicer. 3. Explain loss mitigation options available to the borrower. 4.
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Section 1024.41 Loss Mitigation Background. As discussed above, there has been widespread concern among mortgage market participants, consumer advocates, and policymakers regarding servicers’ performance of loss mitigation activity in connection with the mortgage market crisis. In response, servicers,