Presentation on theme: "Foreclosure Webinar for Housing Counselors Mediation Update November 4, 2010 Martin O'Malley GOVERNOR Anthony G. Brown LT. GOVERNOR Raymond A. Skinner."— Presentation transcript:
Foreclosure Webinar for Housing Counselors Mediation Update November 4, 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 Review Mediation Program Update Partners on status of program Role of Housing Counselors Next steps Questions
Purpose of the Call Update housing counselors and other partners on Maryland Foreclosure Mediation Program Identify issues for partners in Maryland Foreclosure Mediation Program.
Update on Maryland Mediation As of 10/28/2010, 69 Mediation Sessions have been held. 178 are now scheduled Activity is increasing Mediation fund was at approx. 500K as of October 20, 2010 Visit OAH’s Website for additional information & mediation locations statewide http://www.oah.state.md.us/foreclosuremediation. asp http://www.oah.state.md.us/foreclosuremediation. asp
Counselor Q & A What can counselors do to promote the mediation program? Counselors should add information re: mediation to all their foreclosure prevention materials and group workshop content. DHCD expects to roll out a complete promotion of the foreclosure mediation program by 2011. The focus will continue to be on “Mortgage Late, Don’t Wait”
Counselor Q & A Which cases are eligible for mediation under the the new Foreclosure Mediation Law ? New foreclosure cases filed with the Circuit Court on or after July 1, 2010 are eligible.
Counselor Q & A If my client requests mediation, is it automatic? All requests for mediation are referred to OAH for scheduling. Lenders can object by showing that mediation is inappropriate for your clients’ case. If the lender objects, the Court will decide whether the mediation should go forward.
Counselor Q & A Should Counselors accompany clients to mediation? Counselors are not expected to attend nor represent their clients in mediation. Can Counselors attend a mediation session ? Housing Counselors are encouraged to attend 1-2 mediations with the permission of a client to observe and help advise a client of their options. Housing Counselors are asked to sign a Confidentiality Agreement.
Legal Referrals for Mediaton Referral mediation cases for legal assistance The emphasis is on mediation Cases with orders to docket
DHCD HOPE Hotline Counseling Network Legal Referrals CC: DHCD Pro Bono Low Bono HOPE Program FY-11 Legal Aid MVLS & Reporting CJ Others PBRC Attorney Trainings & PBRC Workshops (as needed) CJ of Counsel Panels
Roles of the Partners in the Project Civil 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
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)
Referral Protocol for Mediation For use by Housing Counselors when the foreclosure action (“Order to Docket”) has been filed. Referrals should be made within 24 hours if at all possible 1.) Determine Where To Refer 2.) Determine eligibility for free legal services 3.) Make a referral to service provider
Family Size Annual 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
Eligibility for Free Legal Services If client is over income guidelines for free representation, refer to Civil Justice for a low bono referral if the combined family income is less $90,000. If the combined family income is more than $90,000, refer client to a Lawyer Referral Service for county. See Table B or go to the Maryland State Bar Association website: http://www.msba.org/public/referral.htm for a list of lawyer referral services. Clients whose family income is over $90,000 can be referred to Civil Justice as well; but these clients will NOT be eligible for “low bono” services and will have to negotiate for services with the assigned attorney. http://www.msba.org/public/referral.htm If client meets guidelines for free representation), move to the next step.
Eligibility for Free Legal Services If eligible for free legal services and property is located in the following counties, refer to MVLS: AlleganyHarford Anne ArundelHoward Baltimore CountyKent CalvertQueen Anne’s CarolineSt. Mary’s CarrollSomerset CecilTalbot CharlesWashington DorchesterWicomico FrederickWorcester Garrett
Eligibility for Free Legal Services If property is located in Prince Georges’ or Montgomery, refer to Maryland Legal Aid, if: Client is U.S. Citizen or is lawful permanent resident of U.S. If property is located in Baltimore City, Refer to Legal Aid, if: Client is U.S. Citizen or is lawful permanent resident of U.S.
Eligibility for Free Legal Services Refer to MVLS, if: Client is NOT a U.S. Citizen or lawful permanent resident of U.S. For MVLS Referrals: E-mail Referral Form to both Javius Cain, MVLS Foreclosure Paralegal at Javius@mvlslaw.org and Michelle Swift, Paralegal Manager at firstname.lastname@example.org. Javius Cain, MVLS Foreclosure Paralegal will contact client to follow- up on e-mailed referralJavius@mvlslaw.org email@example.com
Low Bono Assistance For Civil Justice Referrals: Email the referral form to: firstname.lastname@example.org. Civil Justice will call you within 24 business hours to confirm receipt of the referral. email@example.com You may also call the CJ Low Bono Mediation Hotline at (410) 706-5649 to confirm receipt.
Eligibility for Free Legal Assistance 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
Eligibility for Free Legal Assistance 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
Form for Referral to Legal Services
Contacts Regarding Legal Referrals Legal Aid: Vicki Taitano, Project Director 301-560-2160 firstname.lastname@example.org MVLS: Michelle Swift Paralegal Manager email@example.com 443-451-4068 Civil Justice: Carrie McCully Project Coordinator 410-706-0174 firstname.lastname@example.org With a cc: to DHCD HOPE MAILBOX HopeInfo@mdhousing.org
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
What should you know… Post Mediation Moratorium on Foreclosures “Robo” Signers
Upcoming Dates November 17 (full day) – HAMP Training December 2 (10 AM) - Update Webinar