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Mary Willis
Chief Administrative Officer

Judicial Administration > Mortgage Foreclosure Trial Court Assistance Project > Mortgage Foreclosure Task Force The Mortgage Foreclosure Task Force and Settlement Conference Statistics

The Mortgage Foreclosure Task Force was formed by the Indiana Supreme Court's Division of State Court Administration (now the Office of Court Services) in October 2010, shortly after information of mortgage “robo-signing” began to hit the news.  The Task Force is composed of judges, creditor and consumer advocates, representatives of the Indiana Attorney General, academics, and mortgage foreclosure facilitators. The Task Force's first assignment was the creation of the “Mortgage Foreclosure Best Practices,” a laundry list of advisory guidelines created in an attempt to assist trial courts and litigants in navigating the dense, often confusing world of mortgage foreclosure litigation.

These Best Practices were published to the Supreme Court’s website on January 3, 2011.  Also on January 3, the Indiana Attorney General petitioned the Court to adopt these advisory Best Practices as mandatory guidelines for trial courts.  On October 7, 2011, the Court issued an order requesting that the Best Practices be continually updated by the Task Force.  The Court’s decision rested largely on the fact that many of these Best Practices had been incorporated into the mortgage foreclosure statute by Senate Enrolled Act 582, effective July 1, 2011.  Another consideration was the fact that mortgage foreclosure industry practices change so frequently that any hard-and-fast rules may quickly become moot.

The Task Force meets to discuss issues in Indiana foreclosure legislation and potential additions and changes to the Best Practices.

Settlement Conference Statistics

The Mortgage Foreclosure Trial Court Assistance Project was launched in April 2010 in three counties - Allen, Marion, and St. Joseph.  Since then, the program has expanded to include an additional 23 counties, including the 10 hardest-hit by foreclosure (Marion, Lake, Allen, St. Joseph, LaPorte, Porter, Vanderburgh, Hamilton, Hendricks, and Johnson). 

In 26 Counties Utilizing Mortgage Foreclosure Facilitators (4/1/10 – 10/1/16):

  • 32,949 telephone conferences were scheduled;
  • 20,305 telephone conferences were held (the remaining 12,644 borrowers failed to appear);
  • 17,852 borrowers were eligible for a settlement conference;
  • 16,502 settlement conferences were held;
  • 8,682 conferences resulted in workouts (7,664 in a stay-in-home workout);
  • 7,430 conferences resulted in foreclosure; and
  • 390 conferences are being followed up by the facilitator.
  • In MFTCAP pilot counties, more than 54 percent of contacted borrowers will request a settlement conference, compared with about a 15 percent request rate in non-pilot counties. 
Of the conferences that take place in these pilot counties, 52.6 percent have resulted in a workout and 45.0 percent have resulted in foreclosure (with approximately 1 to 4 percent of borrowers still negotiating with their lenders at any given time in the process). 
 
It has been estimated that each averted foreclosure saves local communities and stakeholders around $40,000.  Using this figure, from April 2010 through September 2016, the MFTCAP has preserved more than $347 million of value in Indiana communities.