Detailed Instructions: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Problem:SECTION 1. SHORT TITLE.

This Act may be cited as the ''Mandatory Foreclosure Mediation
Act''.

SEC. 2. DEFINITIONS.

In this Act, the following definitions shall apply:
(1) Alternative to foreclosure.--The term ''alternative to
foreclosure''--
(A) means a course of action with respect to a
mortgage offered by a servicer to a borrower as an
alternative to a covered foreclosure action; and
(B) includes a short sale and a deed in lieu of
foreclosure.
(2) Borrower.--The term ''borrower'' means a mortgagor
under a mortgage who is in default or at risk of imminent
default, as determined by the Secretary through regulations.
(3) Foreclosure action.--The term ''foreclosure action''
means a judicial or nonjudicial foreclosure.
(4) Loan modification program.--The term ''loan
modification program'' means a program or procedure designed to
change the terms of a mortgage in the case of the default,
delinquency, or imminent default or delinquency of a mortgagor,
including a loan modification program established by a servicer
that reduces the principal owed by the mortgagor on the
mortgage.
(5) Mortgage.--The term ''mortgage'' means a federally
related mortgage loan, as defined in section 3(1) of the Real
Estate Settlement Procedures Act of 1974 (12 U.S.C. 2602(1)),
that is secured by a first or subordinate lien on residential
real property.
(6) Secretary.--The term ''Secretary'' means the Secretary
of Housing and Urban Development.
(7) Servicer.--The term ''servicer''--
(A) has the same meaning as in section 6(i) of the
Real Estate Settlement Procedures Act of 1974 (12
U.S.C. 2605(i)); and
(B) includes a person responsible for servicing a
pool of mortgages.

SEC. 3. MEDIATION REQUIRED BEFORE FORECLOSURE.

(a) Initiation of Foreclosure Actions.--A servicer may not initiate
a foreclosure action against a borrower unless the servicer has--
(1) made a reasonable effort to initiate mediation
proceedings in accordance with the process established in
regulations prescribed pursuant to subsection (c) to determine
whether the borrower is eligible for a loan modification or an
alternative to foreclosure; and
(2) offered the borrower a loan modification or an
alternative to foreclosure, if the borrower is eligible for the
loan modification or alternative to foreclosure.
(b) Suspension of Foreclosure Actions.--
(1) In general.--A servicer shall suspend a foreclosure
action that was initiated before the date of enactment of this
Act until the servicer--
(A) completes a mediation proceeding in accordance
with the process established in regulations prescribed
pursuant to subsection (c) to determine whether the
borrower is eligible for a loan modification or an
alternative to foreclosure; and
(B) offers the borrower a loan modification or an
alternative to foreclosure, if the borrower is eligible
for a loan modification or an alternative to
foreclosure.
(2) Suspension.--During the period of the suspension under
paragraph (1), a servicer may not--
(A) send a notice of foreclosure to a borrower;
(B) conduct or schedule a sale of the real property
securing the mortgage of the borrower; or
(C) cause final judgment to be entered against the
borrower.
(3) Reasonable efforts.--A servicer is not required to
suspend a foreclosure action under paragraph (1) if the
servicer--
(A) makes a reasonable effort to schedule a
mediation proceeding to determine whether the borrower
is eligible for a loan modification or an alternative
to foreclosure; and
(B) documents that the borrower has not agreed to a
mediation proceeding to determine whether the borrower
is eligible for a loan modification or an alternative
to foreclosure.
(4) Rule of construction.--Nothing in this section may be
construed to require a servicer to delay an unavoidable
foreclosure, such as foreclosure that results from a borrower
abandoning the residential real property securing a mortgage.
(c) Establishment of Mediation Process.--The Secretary shall
establish through regulations a mediation process to determine whether
the borrower is eligible for a loan modification or an alternative to
foreclosure under this section.

SEC. 4. BAR TO FORECLOSURE ACTIONS.

(a) In General.--Subject to subsection (b), a violation of this Act
shall be a bar to a foreclosure action.
(b) Effect of Subsequent Compliance.--If a servicer is in
compliance with this Act, the servicer may bring or proceed with a
foreclosure action, without regard to a prior violation of this Act by
the servicer.

SEC. 5. REGULATIONS.

Not later than 90 days after the date of enactment of this Act, the
Secretary shall issue regulations to carry out this Act.

SEC. 6. REPORT.

Each servicer that initiates mediation proceedings under section 3
shall submit to the Secretary a quarterly report at such time, in such
manner, and containing such information, with respect to such
proceedings, as the Secretary may require.
Solution:
Mandatory Foreclosure Mediation Act - Prohibits a servicer from initiating a foreclosure action against a borrower unless the servicer has: (1) made a reasonable effort to initiate mediation proceedings to determine if the borrower is eligible for a loan modification or an alternative to foreclosure; and (2) offered the borrower, if eligible, such a modification or alternative.

Requires a servicer to suspend a foreclosure action initiated before the enactment of this Act until the servicer: (1) completes such a mediation proceeding; and (2) offers the borrower, if eligible, a modification or alternative.

Prohibits a servicer, during the suspension period, from: (1) sending the borrower a notice of foreclosure, (2) conducting or scheduling a sale of the real property securing the mortgage, or (3) causing final judgment to be entered against the borrower.

Directs the Secretary of Housing and Urban Development (HUD) to establish such a mediation process.

Declares that a servicer is not required to suspend a foreclosure action if the servicer makes a reasonable effort to schedule a mediation proceeding and documents that the borrower has not agreed to one.

Makes a violation of this Act a bar to a foreclosure action. Allows a servicer in compliance with this Act, however, to bring or proceed with a foreclosure action, regardless of any prior violation.