Santa Clara — CV-5061*

Source: https://santaclara.courts.ca.gov/system/files/forms/cv-5061_rem.pdf

SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA

Loan Modification Settlement Conference (“LMSC”) Instructions for Litigants

ALL PARTIES SHOULD READ THE LMSC STIPULATION VERY CAREFULLY TO UNDERSTAND THE OBLIGATIONS THAT BOTH SIDES UNDERTAKE.

Loan Modification Settlement Conference procedures:

1. For cases that may be eligible for the Loan Modification Settlement Conference program: a. Plaintiff will receive information about the LMSC program. b. Plaintiff is responsible for notifying Defendant of the LMSC program, if the Defendant is not present. c. Both parties must agree and sign the LMSC stipulation. d. Plaintiff must submit the LMSC stipulation to the judge for signature at least three days before any scheduled court hearing. e. Plaintiff must file the LMSC stipulation and order form with the judge’s signature in the clerk’s office. f. The pending court hearing will be taken off calendar. g. New court dates will be set (see section 2).

2 When an LMSC stipulation is filed; a. A 90-day stay is put into effect on all foreclosure activity, which temporarily stops a sale of the home. b. Plaintiff must deliver all documents required for the LMSC hearing to Defendant within 21 days of the filing of the LMSC stipulation. c. A Readiness Conference will be set for 30 days after the filing of the LMSC stipulation. This court date is to make sure all documents have been shared. You will receive a notice from the court with the date and time of the Readiness Conference. d. The Loan Modification Settlement Conference hearing date will be set for 60 days after the filing of the stipulation. This is your date to try and work out a settlement. You will receive a notice from the court with the date and time of the LMSC hearing. (1) The LMSC hearing date will be set on a Wednesday, either in the morning or afternoon. (2) A trained LMSC neutral will be at the LMSC hearing to try and settle your case. e. The upcoming Case Management Conference will be scheduled for 90 days after the filing of the LMSC stipulation, or will be left as originally set, whichever is later.

3. If a settlement is reached at the LMSC hearing;

   a. Parties will create a written agreement explaining the settlement. b. Plaintiff will notify the court of the settlement. c. The court will set another date 90 days out on a Dismissal Calendar to allow parties to complete the settlement. d. Once the settlement is completed, the plaintiff will dismiss the case.

4. If NO settlement is reached at the LMSC hearing;

   a. Plaintiff will notify the court that the case has not settled. b. The case will go back onto the regular litigation track.

CV-5061 REV 7/1/13