What economic recovery looks like in America February 2, 2010
Posted by equaljusticeworks in foreclosure.Tags: economic crisis, economic recovery, foreclosure, foreclosure prevention, impact foreclosure, is stimulus recovery working, legal industry
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The economic crisis has devastated thousands of individuals and families across the country. One in every 417 homes in the U.S. received a foreclosure filing in November (RealityTrac.com) – with a total of more than 3 million homes receiving foreclosure notices in 2009 (National Association of Realtors). The most vulnerable people in this country are seeing their situations worsen , while many who have never worried about these issues are being impacted for the first time.
According to a study conducted by the Brennan Center for Justice at the New York University School of Law, “The nation’s massive foreclosure crisis is also, at its heart, a legal crisis.” Many homeowners are losing their homes because they lack the ability to navigate the landscape of our lending laws. The Legal Services Corporation, the major federal source of funding for civil representation for the poor, reports that nonprofit legal services programs everywhere are “besieged with requests for foreclosure assistance.” Too few people are able to obtain qualified legal guidance.
Foreclosures may be inevitable for many individuals, but not for all. Legal representation can help many homeowners save their homes and, more broadly, help to stabilize neighborhoods at risk. From renegotiating the terms of a mortgage to obtaining temporary relief benefits, public interest lawyers have been instrumental in the economic recovery effort, helping people rebuild their lives and get back on their feet.
In this series on Equal Justice Works’ public interest law blog, Equal Justice Works AmeriCorps Recovery Fellows and national experts will show you what economic recovery looks like from Los Angeles to New York City.
-Aaron
Summer of Service: Foreclosure relief in the SouthCoast July 27, 2009
Posted by equaljusticeworks in AmeriCorps, Fellows, foreclosure, law school.Tags: Brockton, economic recovery, Fall River, fight eviction, foreclosure, foreclosure prevention, Heather O'Connor, help for foreclosure, homelessness prevention, landlord eviction, Massachusetts, multi-family home, New Bedford, South Coastal Counties Legal Services, Taunton, tentant rights
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The following is a guest post from one of the Summer Corps Standout winners, Heather O’Connor, who is an intern at South Coastal Counties Legal Services. She is a student at Roger Williams University School of Law.
South Coastal Counties Legal Services (SCCLS) serves Fall River, New Bedford, Brockton and Taunton, Massachusetts. Our work this summer has focused primarily on the effect of the current foreclosure crisis on tenants in multi-family units. Between these four cities, there were 230 multi-unit properties foreclosed upon, put up for auctions without bidders, and then bought by the mortgage holder’s bank within the past year. The banks then evict the tenants and the properties sit empty for an average of 8-9 months. If each of those foreclosed multi-units housed only two families, then 460 families were displaced over the past year. Currently, there are 906 multi-unit properties in the 90-day delinquency period prior to when foreclosure actually takes place. Estimating a conservative number of two families per property, at least 1,812 families will be forced out of their homes in the next three months, many with nowhere to go.
To counter the possibility of homelessness many of these tenants may face, we have researched how other community groups are responding to the crisis, mapped out target areas that have been hit the hardest within each city, and created and distributed informational flyers regarding a tenant’s rights when their landlords are foreclosed upon. In addition, we conduct weekly educational clinics where we complete intakes of prospective clients and provide legal advice to those not currently seeking representation. We have also sent personalized letters to tenants whose names and addresses have appeared either on various foreclosure notices or upcoming court cases to inform them that the property they reside in is being foreclosed upon, what they can expect, and what they can do about it.
Although many people feel as though being evicted – or being threatened with eviction – is something to be ashamed of, they need to realize they are not alone in this devastating economic backlash. In Fall River, for example, one client had moved into her apartment in January and weeks later an auction was held on her front lawn. She did not receive notice of a new owner so she continued to mail her rent check to her initial landlord. She called our office after a bank representative had knocked on her door and warned her that if she did not evacuate immediately they would evict her. In New Bedford, a single mother read one of our letters and confronted her landlord about the pending foreclosure. In response, he demanded that she be out of the apartment within a week. With a newborn and no local family in the area, she had nowhere to go. I informed her she had the right to remain in her home, and that only a judge could order her to leave.
The elderly, families with young children, and the disabled are all victims of this crisis. The majority of them do not have the resources to allow them to relocate on such short notice. They need time and they need money. Although we normally cannot keep them in their homes permanently, we can use legal measures to help keep them in their homes for as long as possible while they figure out where to go. We are often able to obtain a greater settlement for them, providing the ability to pay first, last and security for a new apartment, as well as the moving costs associated with being displaced.
It is very satisfying to know that what I do everyday gives others hope. SCCLS is coming in at a time where people feel the rug has been pulled out from under them. I have had the pleasure of standing by some of these people and fighting to guard their rights to ensure some stability during this tough time. There is accomplishment and empowerment for me and for my clients when they realize they cannot be pushed around by a bank or a landlord that is seeking to relinquish their responsibility.
Having worked at SCCLS for the summer, I have witnessed the immediate impact of my actions on the community. That being said, the battle has just begun. I am thankful that SCCLS, the Feinstein Institute at Roger Williams University School of Law, Equal Justice Works, and the Massachusetts Bar Foundation have provided me with the opportunity to help fight the helplessness brought on by this crisis.
See the video below from the Fall River Herald featuring Heather and other law students working in legal services this summer.
Full roster of Summer Corps Standout Award winners announced July 23, 2009
Posted by equaljusticeworks in Uncategorized.Tags: Alaska Public Defender Agency, Benjamin Cardozo School of Law, Boston University School of Law, Center for Children & Youth Justice, Community Legal Services of Philadelphia, Drexel University School of Law, Duke University School of Law, experience for law students, Heather O'Connor, HIV & AIDS Legal Services Alliance Inc, Jeffrey Shneidman, Jennifer Garber, Kenai, Legal Aid Society, Leonard Aslanian, Michael Shaffer, Michigan State Appellate Defender Office, Neighborhood Legal Services, North Mississippi Rural Legal Services, public service, Roger Williams University School of Law, Scott Burrill, Seattle University School of Law, ServiceNation, Shari Scalone, South Coastal Communities Legal Services, Stephen Scriber, Summer Corps Standout, summer internship, summer internship for law students, Summer of Service, Tracy Tripp, United We Serve, University of Iowa College of Law, University of Miami School of Law, University of Michigan Law School
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Last week Equal Justice Works AmeriCorps announced the first Summer Corps Standout Award winner, Jeff McDonald. Yesterday, we announced the other 9 winners for the class of 2009:
- Heather O’Connor, Roger Williams University School of Law: South Coastal Communities Legal Services
- Jeffrey Shneidman, Boston University School of Law: Neighborhood Legal Services
- Leonard Aslanian, University of Miami School of Law: HIV & AIDS Legal Services Alliance, Inc.
- Jennifer Garber, Seattle University School of Law: Center for Children & Youth Justice
- Michael Shaffer, University of Michigan Law School: Michigan State Appellate Defender Office
- Scott Burrill, University of Iowa College of Law: Alaska Public Defender Agency (Kenai)
- Stephen Scriber, Duke University School of Law: North Mississippi Rural Legal Services
- Shari Scalone, Benjamin Cardozo School of Law: Legal Aid Society – Criminal Defense Division
- Tracy Tripp, Drexel University School of Law: Community Legal Services of Philadelphia
Congratulations to all the winners! They are automatically selected as finalists to receive the Equal Justice Works Award for Exemplary Public Service. Each week, one of their stories will be posted here on the blog, so check back often! See what ServiceNation had to say about the Summer Corps winners and stay tuned for more.
-Marty
Summer of Service: Standout Awards! July 13, 2009
Posted by equaljusticeworks in AmeriCorps, foreclosure, law school, public interest law, public service.Tags: Summer Corps, Summer of Service, United We Serve, economic recovery, Jeff McDonald, Land of Lincoln, Loyola University School of Law, legal internship summer, law school intern, Summer Corps Standouts, volunteer law school, legal experience, foreclosure prevention Illinois
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Equal Justice Works is pleased to announce the new Summer Corps Standout awards for members in the 2009 class. More than 400 law students are working at nonprofit organizations across the country on behalf of underrepresented individuals or communities. These awards recognize those demonstrating extreme commitment and/or using an innovative approach to meet their clients’ needs.
Summer Corps Standout winners automatically qualify as finalists to receive the Equal Justice Works Exemplary Public Service Award for a Student.
The following is a guest post from the first winner, Jeff McDonald, who is an intern at Land of Lincoln Legal Assistance Foundation, Inc. He is a student at Loyola University of Law, Chicago. Congrats, Jeff!
During my time at Land of Lincoln, I’ve discovered that there is a certain amount of flexibility required in legal aid work. Our office maintains a generally casual atmosphere, but I’m never sure when I’ll be needed to go to court. My solution? I always keep a tie in my desk drawer. Once I’m called into action, I can usually get it on and straightened by the time I reach the parking lot.
Our office must also be flexible in order to cover a wide range of civil matters over twelve counties in Illinois. When we can, Land of Lincoln acts as part of a network of support agencies to provide basic living services and a way to financial relief. We partner with other groups such as the United Way and the Urban League, but we are the only legal aid resource for many rural communities in our area. While our attorneys specialize in everything from consumer law to disability and elder law, housing is a major concern for the people we serve. An increasing number of families are finding their homes in jeopardy and are unsure of their rights. I’ve helped defend public housing evictions, making sure local housing authorities adhere to their own rules. I’ve also worked to protect Section 8 tenants from losing their vouchers and homeowners from losing their houses in foreclosure. Through my work on our Homeownership Taskforce, I’ve been trained to spot Truth in Lending Act violations and use them as a tool against unscrupulous mortgage lenders. After accompanying staff attorneys on several foreclosure consultations, I produced a new client pamphlet on the timeline of a foreclosure.
Because our resources are limited and the demand for them is high, our office tries to reach the community in innovative ways. One of our programs is Answer Docket Day. This is the weekly docket designated for pro-se defendants to file answers to debt collection and eviction actions. Many have never seen a legal document before and arrive at the courthouse with looks of sheer terror. A Land of Lincoln attorney and a small herd of law clerks stake out a portion of the courtroom to help people who have questions. We take individuals aside to walk them through the forms, explain how to state a defense, and assist indigent defendants with having their filing fee waived. While we are not allowed to dispense legal advice here, our attorneys have written a library of pamphlets on tenants’ rights, collection exemptions, and other protections that we can use to put pro-se defendants on the right track. We’re not always popular with the creditors’ attorneys, but the court staff appreciates our efforts to streamline the process and we save the public a lot of sweaty palms and missed opportunities.
Surprisingly, the most satisfying client interaction for me was one where we weren’t actually able to save her home. The client was a widow who was being ejected from a condemned public housing unit in a matter of days and had nowhere to go. While she waited in our office, we called every shelter in town to find her a vacancy. Then we called everyone in the next town. On the third round, we were finally able to find the client an immediate opening. It was a bittersweet end to a sad tale, but I think all of us were relieved that she would at least leave our office with someplace to go. Success in public service requires the commitment to offer some kind of solution to every client.



