Mortgage Modification Mediation Timeline

The following is a quick reference to deadlines required under the Mortgage Modification Mediation (“MMM”) Program for the Southern District of Ohio. It is intended as a general reference tool only. For detailed information and definition of terms, please refer to the MMM Program and Procedures on the Court’s website.
 
Prior to Participation in MMM
 
• Bankruptcy filing fee paid in full
 
Certification of Mortgage Modification Mediation Eligibility and Readiness prepared
 
• Document Preparation Software (DPS) requirements prepared
 
• Fee to the DPS paid
 
Initial MMM Package completed
 
Certificate of Document Preparation from the DPS obtained
 
• Non-Standard Provision included in Paragraph 13 of the Plan (if applicable)

 

Mortgage Modification Mediation Timeline

Motion for Referral to Mortgage Modification Mediation filed by Debtor, together with the following attachments:
o Certificate of Document Preparation;
o Certification of Mortgage Modification Mediation Eligibility and Readiness;
o Twenty-one (21) day notice; and,
o Certificate of service reflecting service to the Creditor and all other creditors whose claims are secured by liens against the Eligible Property
 
Order Directing Mortgage Modification Mediation (“Order Directing MMM”) uploaded upon expiration of notice period
 
• Order Directing MMM entered
 
• Debtor to provide for adequate protection payments to the Creditor upon entry of Order Directing MMM
 
• Initial MMM Package and Order Directing MMM uploaded to the Portal within the later of seven (7) days of entry of Order Directing MMM or seven (7) days after the
  Creditor registers on the MMM Portal (for new Creditor registration only)
 
• Payment of the MMM Portal fee by the Debtor within the later of seven (7) days of entry of Order Directing MMM or seven (7) days after the Creditor registers on
  the MMM Portal (for new Creditor registration only)
 
• Creditor acknowledgment of Initial MMM Package within seven (7) days after its submission
 
Election to Appointment of a Facilitator filed within fourteen (14) days after entry of the Order Directing MMM, if applicable
 
• Payment of the Facilitator’s Fee within seven (7) days of Facilitator’s appointment
 
• Initial MMM Conference scheduled by Facilitator within thirty (30) days of entry of the Order Directing MMM
 
• Status Report filed by the Facilitator within seven (7) days of each MMM Conference
 
Motion to Approve Modification Trial Period Payments (if applicable) filed by the Debtor together with a twenty-one (21) day notice or, if all parties are in
  agreement (including the Chapter 13 Trustee in Chapter 13 cases), the parties may simultaneously submit a proposed agreed order
 
• Final Report filed by the Facilitator within seven (7) days of conclusion of MMM Period
 
• If the parties agree on a final or long-term mortgage modification—
o Motion to Approve Mortgage Modification filed by Debtor or Creditor within fourteen (14) days of Final Report with copy of the mortgage
   modification agreement signed by the Debtor attached
o For Chapter 13 debtors, if the mortgage modification impacts the Debtor’s Chapter 13 plan, motion to modify and amended Schedules I & J
   filed by Debtor within fourteen (14) days of Order Approving Mortgage Modification
 
• If the parties do not agree on a final or long-term mortgage modification, within fourteen (14) days of the Final Report, motion to modify filed by Debtor
  to (1) cure and maintain the mortgage payments to Creditor, or (2) surrender the property
 
• Disbursement of adequate protection payments held by the Chapter 13 Trustee, if applicable
 
• Application for fees filed by Debtor’s counsel
 
• Rule 3002.1 Notice of Post Fees filed by the Creditor, if applicable