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Foreclosure Mediation Webinar for Housing Counselors
Mediation Update
September 16, 2010
• Martin O'Malley• GOVERNOR
• Anthony G. Brown• LT. GOVERNOR•
• Raymond A. Skinner• SECRETARY•
• Clarence J. Snuggs• DEPUTY SECRETARY
Make the most of the Webinar
•Press *7 to unmute your phone•To Ask Questions•Click on Raise Hand•Type in Chat box
Agenda
•Outline Program Model from 8/9 call•Role of Legal Partners•Role of Housing Counselors• Form needed to make a referral•Next steps.•Questions
Purpose of the Call
• Update housing counselors and other partners on Maryland Foreclosure Mediation Program,
• Introduce Legal Partners in the Maryland Foreclosure Mediation Program, and
• To identify issues for partners in Maryland Foreclosure Mediation Program.
DHCDHOPEHotline
CounselingNetwork
LegalReferrals
CC:
DHCD
Pro BonoLow
Bono
HOPE Program FY-11
Legal Aid
MVLS
&
Reporting
CJ
Others
PBRCAttorneyTrainings
&
PBRCWorkshops
(as needed)
CJ of CounselPanels
Update on Maryland Mediation
• 28 Mediation Sessions were scheduled• First Mediation session last week was
successful in reaching settlement• Activity is increasing•Mediation fund was at approx. 200K as of
September 8, 2010• http://www.oah.state.md.us/
foreclosuremediation.asp for site information
Pro Bono Resource Center
• 501(c)(3) non-profit founded in 1990 as “pro bono arm” of Maryland State Bar Association• Mission is to promote equal access to justice in
Maryland by coordinating and supporting volunteer civil legal services, providing resources and support for legal advocates for the poor, and promoting cooperation within the legal community• Led Maryland Foreclosure Prevention Pro Bono
Project initiated in July 2008
Foreclosure: Pro Bono Resource Center
• Recruit Maryland attorneys to provide pro bono legal representation and advice to Maryland homeowners• Coordinate training of attorneys on Maryland
foreclosure laws and new mediation process• Recruit pro bono attorneys to provide free legal
advice to homeowners at statewide public workshops and mediation orientation sessions• Continue working in partnership with housing
counselors at public workshops• Direct homeowners to most appropriate legal
resources
Legal Aid
• Founded in 1911, the Legal Aid Bureau, Inc. ("Legal Aid") is a non-profit law firm that provides free civil legal services to low-income Maryland residents from 13 offices statewide.
• Mission: to provide our clients with high quality legal advocacy to protect and advance basic human rights.
• Legal Aid’s areas of practice include housing, health care, government benefits, family, child advocacy, consumer, education, and employment.
Foreclosure: Legal Aid
• Legal Aid’s Foreclosure Legal Assistance Project will provide representation to low-income residents of Baltimore City, Prince George’s and Montgomery Counties at foreclosure mediations, as well as providing continuing legal representation, in foreclosure cases when mediation is unsuccessful. • Clients who meet the Maryland Legal Services
Corporation (MLSC) guidelines will be eligible for Legal Aid services. • Legal Aid’s goal is to assist at least 275 homeowners
facing foreclosure over the next year. Legal Aid will also assist eligible homeowners with other related issues such as unemployment benefits and bankruptcy.
Maryland Volunteer Lawyers Service
•Maryland Volunteer Lawyers Service (MVLS) is a 501(c)(3) nonprofit organization that connects low-income Marylanders in need of civil legal assistance with pro bono attorneys. •MVLS provides free (and in some cases low
cost) legal representation to Marylanders with limited income. • Each eligible client is matched with a
volunteer lawyer who has the appropriate skills to provide quality representation.
Civil Justice, Inc.
•Civil Justice, Inc. is a Maryland not-for-profit corporation formed for the purpose of increasing the delivery of legal services to clients of low and moderate income while promoting a statewide network of solo, small firm and community based lawyers who share a common commitment to increasing access to justice through traditional and non-traditional means.
Foreclosure: Civil Justice
• “Low Bono” legal services to eligible clients
• Continue to develop curriculum to train pro bono attorneys•Continue to provide mentoring to pro bono
project attorneys•Maintain Of Counsel panel for Housing
Counseling agencies
Legal Partners: Geographic Service Area
PBRCStatewide
Civil JusticeStatewide
Legal AidFree legal services to clients in Baltimore City, Montgomery Co., Prince George’s Co.
MVLSPro Bono/All other counties not covered by Legal AidOverlap in Baltimore City
Roles of the Partners in the ProjectCivil Justice: Train legal partners and counseling
agencies in loss mitigation strategies and process. Lead low bono referral program statewide.
Legal Aid: Provide free legal representation for homeowners in Baltimore City, Montgomery Co. and Prince George’s Co,. for mediation. (2 dedicated staff attorneys.)
MVLS: Case placement of pro bono legal services.
PBRC: Key workshop participant. Recruit and train volunteer core of attorneys for foreclosure prevention
)
Determining Eligibility: Pro Bono
•Homeowners must live in the property in foreclosure •Must not own any other property or a time
share. •Must not be currently represented by an
attorney or in bankruptcy.• Legal Aid will accept referrals of clients in
bankruptcy if they do not already have an attorney
Determining Eligibility- Pro Bono Services
General
• Income• Family Size• Assets
Other Circumstances & Hardships
• Unemployment• Disability• Seniors
Family SizeAnnual Income
Monthly Income
Weekly Income
1 $26,367 $2,197 $507
2 $34,480 $2,873 $663
3 $42,593 $3,549 $819
4 $50,707 $4,226 $975
5 $58,820 $4,902 $1,131
6 $66,933 $5,578 $1,287
7 $68,454 $5,704 $1,316
8 $69,975 $5,831 $1,346
9 $71,496 $5,958 $1,375
10 $73,017 $6,085 $1,404
Determining Income Eligibility based on MLSC Guidelines- Pro Bono
What should be included as Assets for Pro Bono Services
• Legal Aid and MVLS have asset limits which may make a client ineligible, but generally do not disqualify most income eligible clients
• Screening for assets will be done once the case is referred to either Legal Aid or MVLS
Role of Housing Counselor
If/when the client receives the Final Loss mitigation Affidavit and request for Foreclosure Mediation, you should
• Help the client to opt-in to mediation by sending in correct material in the preprinted envelope(s) and enclosing the $50 court fee or requesting a waiver of the fee.
• You can make a request for legal assistance by filling our the appropriate referral form and sending it to the appropriate referral agency
• You can still work to obtain a modification for the client.(coordinate with the legal service provider)
Where to refer clients
• If your client is eligible for free Legal Assistance, they should be sent to Legal Aid or MVLS.
Legal Aid - Baltimore City, Montgomery Co. or Prince George’s Co. and to
MVLS – All other counties in MD. • If your client is not eligible for free legal
assistance, they should be referred to Civil Justice to retain a low bono attorney for a $500 fee.
Form for Referral to Legal Services
Form for Referral to Legal Services
Form should be sent via email to
•Civil Justice (if low bono eligible)•MVLS (if pro bono eligible)• Legal Aid- Clients should call Legal Aid
Foreclosure Legal Assistance Number (number will be set up by September 1)
With a cc: to DHCD HOPE MAILBOX
Ineligible Clients – Next Steps
•Create Online Handbook and Tutorial for clients who do not qualify for pro bono and who cannot afford low bono…(similar to bankruptcy pro se representation product.)
•Create a Training/Workshop for homeowners without legal representation in mediation
“The Ever Changing Program”
• In July, many counties saw at least a 95 percent drop in filings.• Based on volume & capacity, the servicing
agencies may have to change what they are doing and may have to change protocol. •HOPE Hotline Script revisions
Upcoming Events
• Tuesday, September 28: Follow-Up Mediation Training for Housing Counselors Location: Crownsville
• Wednesday, October 13: HOPE Quarterly MeetingLocation: Crownsville
To Registerhttp://www.neighborhoodrevitalization.org/
BLUE TRAINING SQUARE
Contact Information- DHCD Staff
Reginald Stanfield
Director,
Community Programs
410-514-7209
Karen Ashby
Assistant Director , Community Programs
410-514-7289
Claudia Wilson Randall
Project Manager
410-514-7234
LaAndra Jones
Project Manager
410-514-7232
Contact Information- DLLR Staff
Anne Balcer NortonAssistant Commissioner of Financial RegulationNon-depository InstitutionsDLLR500 N. Calvert StreetBaltimore, Maryland 21202410/230-6390 410/336-2534 (cell)
Contact Information- Legal Aid
Cheryl L. HystadDirector of AdvocacyLegal Aid Bureau, Inc.500 E. Lexington StreetBaltimore, MD 21202410-951-7813410-685-6951 (fax)[email protected]
• see www.mdlab.org.
Contact Information- Pro Bono Resource Center
Jennifer A. Larrabee, Esq.
Manager
Foreclosure Prevention Pro Bono Project
Pro Bono Resource Center of Maryland
520 W. Fayette Street
Baltimore, Maryland 21201
410-837-9379; 800-396-1274
www.probonomd.org
Contact Information- MVLS
Bonnie Sullivan
Executive Director
Maryland Volunteer Lawyers Service
One North Charles Street, Suite 222
Baltimore, MD 21201
Phone: (443) 451- 4060
Fax: (443) 451-4081
Contact Information- Civil Justice
Carrie McCully
Project Coordinator
Civil Justice Inc.
520 W. Fayette Street
Baltimore, MD 21201
410-706-0174
Fax (410) 706-3196
NEW MEDIATION HOTLINE 410-706-5649
LOW BONO FORECLOSURE MEDIATION ONLY
QUESTIONS??
