On Monday, the Supreme Court added Rule 93 to the Maine Rules of Civil Procedure. Effective January 1, 2010 this new rule will govern the operation of the foreclosure diversion program.

Beginning in the New Year, plaintiffs will have to follow new regulations when filing foreclosures against defendants who are owner-occupants. Along with the foreclosure complaint, plaintiffs must now file and serve a set of financial forms requesting information from the defendant that would allow the plaintiff to consider or develop alternatives to foreclosure or otherwise facilitate mediation of the action. These forms may be designed by individual lenders or can be standardized forms developed by the federal government or a state agency. However, the forms sent by the plaintiff must be the actual forms used in considering or developing alternatives to foreclosure.

Rule 93 also places timeframes on when dispositive motions or requests for admission can be filed. Once a case has been referred to the foreclosure diversion program for mediation, no dispositive motions or requests for admissions shall be filed until 5 days after the completion of mediation and the filing of the final mediator’s report, or until the court orders that mediation shall not occur.

Before participating in foreclosure mediation, defendants may be required by the court to attend an informational session. In addition, plaintiffs and defendants will be required to exchange certain financial information with each other, and this information must be filed with the court before the scheduled foreclosure mediation occurs.