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Get ready for your hearing

A mediator (court-ordered or voluntary)

Mediation or settlement conference

A neutral mediator helps you and the lender or servicer look for an agreement — a modification, repayment plan, more time, or a graceful exit. The mediator does not decide who wins.

General courtroom guidance, not legal advice. The papers you received (the citation, the notice, the court's order) set your real deadlines. Free legal aid can review your plan.

Write my statement

What happens

  • Everyone meets together briefly; then the mediator often talks with each side privately.
  • What is said in mediation is generally confidential.
  • If you reach an agreement, read it carefully before signing; ask for time to review it with legal aid.

Who is there

  • The mediator
  • A servicer representative (often by phone) and its lawyer
  • You (the homeowner)

What to bring

0 of 4 ready · Saved on this device

What the judge may ask — practice cards

Question 1 of 3

“What monthly payment can you afford?”

How to address the judge

Use the mediator's name ("Ms. Garcia" / "Mr. Lee"). "Your Honor" is only for judges.

Courtroom manners

  • Be on time, calm and prepared; mediation rewards patience.
  • Listen to offers fully before responding.
  • You may ask for a break at any time.

How to present your papers

  • Organize financial papers in a folder with copies you can hand over.

How to mention a case

Cases are less central in mediation. If a case helps show your position is serious, mention it in one sentence — the goal is a deal, not a debate.

What not to say

  • Do not accept an agreement you cannot afford just to end the day.
  • Do not make threats; explain your position and your numbers.

Rules to read

  • Tex. Civ. Prac. & Rem. Code ch. 154

Cases that may help at this hearing

  • Homeowner lostBinding in federal court

    Gresham v. Wells Fargo Bank, N.A.

    642 F. App'x 355 · Decided 2016

    Mr. Gresham claimed his servicer violated the federal "dual tracking" rule by moving toward foreclosure while he sought help.

    Why this case

    • It deals with loss mitigation & dual tracking and servicer errors & written requests (respa), which is part of your situation.
    • It involves mortgage foreclosure, like your case.
    • Federal courts in your state must follow it.
    Read the case
  • Homeowner lostPersuasive

    Lage v. Ocwen Loan Servicing LLC

    839 F.3d 1003 · Decided 2016

    The borrowers submitted a loss-mitigation application two days before a scheduled sale. The sale was later postponed, and they argued the servicer then had to evaluate it.

    Why this case

    • It deals with loss mitigation & dual tracking and servicer errors & written requests (respa), which is part of your situation.
    • It involves mortgage foreclosure, like your case.
    • The homeowner lost this one. It shows what courts have not accepted, so you can prepare for that argument.
    Read the case
  • Homeowner lostBinding

    Sims v. Carrington Mortgage Services, L.L.C.

    440 S.W.3d 10 · Decided 2014

    The Simses' home-equity loan was restructured: past-due amounts were added to principal and the payments changed. They argued the restructuring was a new loan that broke the constitution's home-equity rules.

    Why this case

    • It deals with loss mitigation & dual tracking, which is part of your situation.
    • It involves home-equity loan, like your case.
    • Courts deciding your case must follow it.
    Read the case

You are not the first

People have stood where you are standing and been heard. These are real, sourced outcomes.

  • $2 billion

    Servicing errors led to $2 billion in principal reduction

    Federal and state authorities ordered Ocwen, then the largest non-bank mortgage servicer, to provide $2 billion in principal reduction to underwater borrowers and $125 million in refunds to people already foreclosed on, over servicing misconduct.

    Source: Consumer Financial Protection Bureau
  • $73 million

    About $73 million returned to more than 40,000 borrowers

    A federal court order in the CFPB's case against Nationstar (Mr. Cooper) required about $73 million in redress to more than 40,000 harmed borrowers, including distressed homeowners.

    Source: Consumer Financial Protection Bureau
  • $9.961 billion

    Homeowner Assistance Fund

    The federal Homeowner Assistance Fund provided $9.961 billion, distributed through states, territories and tribes, to help homeowners facing hardship. Programs and deadlines vary by state; ask your state housing agency what is still open.

    Source: U.S. Department of the Treasury
  • Free / low cost

    HUD-approved housing counselors

    HUD-approved housing counseling agencies can give independent advice, often at little or no cost. The CFPB keeps a searchable list of counselors near you.

    Source: Consumer Financial Protection Bureau

Recent homeowner wins in the library