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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
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 1-2mediations with the permission of a client toobserve and help advise a client of their options.Housing Counselors are asked to sign aConfidentiality Agreement.
Legal Referrals for Mediaton
•Referral mediation cases for legal assistance• The emphasis is on mediation•Cases with orders to docket
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
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
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 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
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.• 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:
Allegany HarfordAnne Arundel HowardBaltimore County KentCalvert Queen Anne’sCaroline St. Mary’sCarroll SomersetCecil TalbotCharles WashingtonDorchester WicomicoFrederick WorcesterGarrett
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 [email protected] and Michelle Swift, Paralegal Manager at [email protected]. Javius Cain, MVLS Foreclosure Paralegal will contact client to follow-up on e-mailed referral
Low Bono Assistance
For Civil Justice Referrals: Email the referral form to: [email protected]. Civil Justice will call you within 24 business hours to confirm receipt of the referral.
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
Form for Referral to Legal Services
Contacts Regarding Legal Referrals
Legal Aid: Vicki Taitano, Project Director 301-560-2160
[email protected] MVLS: Michelle Swift
Paralegal [email protected] 443-451-4068
Civil Justice: Carrie McCullyProject Coordinator410-706-0174
[email protected] 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
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
QUESTIONS??