2712.1 Except as provided in Subsection 2712.2, each mediation party shall attend each scheduled mediation or other meeting required by the Mediator.

2712.2 A mediation party shall not be required to attend mediation or other meeting required by the Mediator if:

1. (a) The mediation party sends a representative on behalf of the mediation party;
2. (b) The representative meets the requirements of Subsection 2712.3; and
3. (c) The mediation party, along with the representative, executes a Declaration of Representation and Authority (Form FM-AG) pursuant to Subsection 2712.4.

2712.3 A representative of a mediation party shall:

1. (a) Have authority to:
2. (1) Address loss mitigation programs that may be available to the borrower;
3. (2) Renegotiate the terms of the residential mortgage, including a loan modification; and
4. (3) Negotiate any other options that may be available in lieu of foreclosure; or
5. (b) Have access at all times during the mediation to a person with the authority listed in paragraph (a) of this subsection.

2712.4 If a mediation party sends a representative to the mediation, the mediation party and the mediation party's representative shall execute and provide to the other mediation party or mediation party representative and the mediator a Declaration of Representation and Authority (Form FM-AG) attesting that the mediation party representative has the authority or access to the person with the authority required in Subsection 2712.3 using the Declaration of Representation and Authority (Form FM-AG) prescribed by the Commissioner and available on the Commissioner's website at http://disb.dc.gov.

2712.5 The following persons may participate in any mediation under this chapter:

(a) A borrower who received the Notice of Default on Residential Mortgage (Form FM-1) and made a timely election pursuant to Section 2708;

(b) The lender;

(c) The lender's servicing agent;

(d) The representative(s) for the lender;

(e) The representative(s) for the borrower;

(f) A borrower who received the Notice of Default on Residential Mortgage (Form FM-1) but did not make a timely election pursuant to Subsection 2708.2 who is requested to participate by a borrower who is a mediation party; and

(g) If a borrower is deceased, a person who can produce a death certificate with respect to the deceased borrower and who has an ownership interest in the real property subject to which the residential mortgage for the Notice of Default on Residential Mortgage (Form FM-1) was issued.

2712.6 The Mediator may include in mediation or other meeting required by the Mediator any person the mediator determines would assist in the mediation unless there is a written objection by a mediation party or mediation party representative, as long as the objection is consistent with the mediation party's or the representative of the mediation party's obligation to participate in the mediation in good faith.

2712.7 The Mediator shall not include in mediation or other meeting required by the Mediator pursuant to Subsection 2712.6 a person that is not directly related to the mediation or the mortgage subject to the Notice of Default on Residential Mortgage (Form FM-1).

2712.8 At any time during the mediation process, the Mediator may refer a borrower to a housing counseling agency or legal service provider for mortgage assistance, provided that the mediation shall resume not later than fifteen (15) days after the referral.

2712.9 Any applicable time period set forth in the Act or in this chapter shall toll during the period of the referral in Subsection 2712.8.

SOURCE: Emergency and Proposed Rulemaking published at 58 DCR 2958 (April 8, 2011)[EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 58 DCR 8247 (September 23, 2011)[EXPIRED]; as amended by Final Rulemaking published at 58 DCR 11469 (December 30, 2011); as amended by Final Rulemaking published at 61 DCR 6390 (June 27, 2014).