Phony Counseling

Another type of foreclosure scam that homeowners should be aware of is Phony Counseling. In this scenario scammers charge excessive fees for paperwork or for making phone calls. Frequently they are papers the homeowner could fill out or phone calls they could make themselves. Often the homeowner is instructed not to contact their lender directly.

In response to the various foreclosure rescue scammers that prey on desperate homeowners the Florida State Legislature has passed Florida Statute 501.1377 “Violations involving homeowners during the course of residential foreclosure proceedings.” This statute prohibits a foreclosure rescue consultant “in the course of offering or providing foreclosure-related rescue services” from doing the following:

1. Engage in or initiate foreclosure-related rescue services without first executing a written agreement with the homeowner for foreclosure related rescue services; or

2. Solicit, charge, receive, or attempt to collect or secure payment, directly or indirectly, for foreclosure-related rescue services before completing or performing all services contained in the agreement for foreclosure related rescue services.

This means there must be a written contract between the homeowner and a foreclosure rescue consultant and that consultant cannot charge the homeowner before they complete all services.

In the coming weeks I will discuss in more detail this law and what it means for homeowners. If you or anyone you know has had contact with a foreclosure rescue consultant and they have not complied with the provisions of Florida Statute 501.1377 please contact the Pinellas County Justice and Consumer Services at 727-464-6200 or you can contact the Community Law Program, Inc. at 727-582-7480.

Juanita Carroll

Staff Attorney

An Alternative to Guardianship

As a practicing probate and trusts/wills attorney, I often see clients at CLP who are terminally ill.  These referrals -- indigent individuals who need wills or powers of attorney -- sometimes also need legal "guardians" for their minor children, and a method for ensuring that the named guardians have the authority to make decisions for those children when the parent is no longer able to do so.

For children with assets -- such as amounts from a life insurance policy that the parent scrimped for -- a formal Guardianship monitored through the courts may be the only viable alternative. 

For children with no assets, whether their own or inherited from a deceased parent, a temporary custodianship under Chapter 751 of the Florida Statutes may be a good option.  Under 751, a minor child can be personally cared for by a named custodian, until that child reaches the age of 18.  The custodian can make personal care decisions for the child, take the child to the doctor, manage schooling and otherwise raise the child to adulthood.  Since there are no annual reports or accountings, no attorney is needed, saving both time and cost, both to the clients and for the court system.

Although 751 is not an option for everyone, in most cases it can provide the clients with exactly what they need: a stable environment for the child, and a reasonable alternative for the adult named to care for the child of a terminally ill parent.

Susan A. Calistri
Staff Attorney 

Celebrate Pro Bono Week 2009

It is with great excitement that I write this blog today, as this is the start of a national Pro Bono Celebration. The ABA has proclaimed October 25th through October 31st as a Pro Bono Week Celebration. It is designed to coordinate a national effort to showcase the incredible difference that pro bono lawyers make to our low-income citizens.

As part of this celebration, I even had the honorable pleasure of attending our own Pinellas County Board of County Commissioners meeting on Oct. 20th in which a Proclamation was read before the board to recognize this week, and to locally celebrate the many contributions our legal community makes to the quality of our justice system. I am proud to say that I have personally witnessed these contributions made by our own volunteer attorneys to our society. In addition, I am pleased to be a small part of the good they do and will continue to do by positively touching so many people in need.

Elizabeth Porcelli, FRP

Clinic Coordinator/Paralegal

Mortgage Broker Scams

Today I will touch briefly on another type of foreclosure rescue scam. In a Mortgage Broker Scam a broker will agree to refinance a loan presumably lowering the homeowner’s payment. However, the broker fails to tell the homeowner that the mortgage involves an adjustable rate mortgage (ARM) or a balloon payment. Both of these scenarios can catch homeowners off guard when their payment increases or a large lump sum comes due. If the homeowner is unable to make the larger payment or a lump sum they can lose their house in foreclosure.

It is essential for potential homeowners and those refinancing properties to read and understand every piece of paper included in their loan documents and not to sign any documents unless all blanks have been filled.

Juanita Carroll
Staff Attorney

Recent Letter from a Nonprofit Organization

It is always nice to hear that we are doing a good job.

Recently, I assisted a new nonprofit organization with finding a pro bono attorney. The new nonprofit, Ty's Smile, is a non profit organization dedicated to the eradication of sickle cell anemia through education, research and family support to members of the community. Established in memory of the founder, Keisha's, brother, who died from complications of sickle cell, the orgnaization's needed assistance with creating a working board, drafting governance documents, and obtaining its federal income tax exemption under 501(c)(3).

Today, several months after Keisha's referral to a local attorney volunteer, I received a wonderful letter from Keisha. She stated, in part, that not only was her pro bono attorney "extremely helpful in providing guidance for our cause", but that "without the Community Law Program, our journey would have taken a lot longer and been more financially challenging."

I'm glad that the Community Counsel Program has been able to help such a worthy organization to get established and begin helping others in our community. I hope that we are able to continue to help other nonprofit organizations as well.

If you know of a new or established nonprofit organization in need of assistance with a legal matter, including landlord-tenant matters, employment matters, contract matters, board governance issues or incorporating and obtaining a 501(c)(3), please contact me at 727-582-7480.

Susan A. Calistri
Staff Attorney

Recent Settlement of Lost Survivor's Benefits

In representing foster youth that have aged-out of care, I am often presented with situations wherein the client has lost vested benefits because of a lack of advocacy by the case managers and other providers assigned to the child’s case. Most recently, I received a referral for a client that aged-out of care without his identifying documents and without federal benefits in place. In the process of trying to secure his Social Security card and apply for SSI (Social Security Income - a federal benefit for which my client would likely qualify), I realized that no one had applied for Survivor’s, or death benefits, following the death of my client’s father in 2007. Due to the lapse in time, my client missed the 2-year deadline to receive the $ 255 lump sum benefit. He also did not receive 22 months of Survivor’s benefits, a vested and accrued right, since social security will only award benefits retroactive 6 months. After submitting a Demand Letter, the case management agency has agreed to settle the matter for almost all the lost benefits, over $ 8,000.00. This money will make a big difference in assisting my client transition into adulthood.

New Probate Clinic

This month CLP will be starting our first ever Probate Clinic. This legal advice clinic will be focusing on advising indigent clients with modest estates in need of probate assistance. The local firm of Fisher & Sauls, P.A., whose attorneys always actively and consistently participated in pro bono work through Community Law Program, committed to staffing this clinic. Through their dedication, they have been working with our organization practically since its inception. This clinic will be held on the 3rd Tuesday of every month from 10:00 a.m. until 12 noon. As it has become very apparent of the growing need for this type of advice clinic, we are all every excited about this addition.


I would also like to recognize a few new volunteer attorneys who have offered to help with our Bankruptcy Clinics and/or our Housing Clinics. Mr. Keith Sanders, Esq., with Sanders Law, P.A., recently made a commitment to staff both of these clinics. He has also taken on two pro bono cases. His experience and dedication will be an asset to our program, and we truly appreciate his time here. Mr. Brett Cameron, Esq., with Giffin, Papp, & Associates recently started volunteering for our Bankruptcy Clinic. Mr. Cameron jumped in and quickly assisted one of our clients by filing an Emergency Motion to Stay Writ of Possession. The motion was granted and our client was allowed more time in her residence. Mr. Cameron's eagerness to help our community will benefit our organization greatly.
Welcome aboard!

Elizabeth Porcelli, FRP
Clinic Coordinator/Paralegal

Equity Skimming and Equity Stripping

As I mentioned last Friday, there are a number of specific types of foreclosure rescue scams to which desperate homeowners are falling victim. Today I will discuss Equity Skimming or Equity Stripping.

Scammers convince the homeowner to sign over the title or deed for the home to him or her with the understanding that the mortgage will be paid off by the scammer and the home will be saved from foreclosure. The scammer then refinances the home for the full value, takes the additional money and never pays off the mortgage. The homeowner is left responsible for the loan balance.

Signing over a deed to a third party does not relieve a homeowner of mortgage obligations. The homeowner can lose the home and still be responsible for the balance of the mortgage.

As with all legal documents, never sign anything you do not completely understand. If you or someone you know needs assistance with a foreclosure issue please call us at 727-582-7480.

Juanita Carroll
Staff Attorney

Pro Se Clinic -- Helping Individuals Help Themselves

The Community Law Program's Pro Se Clinic is unique.  Through this clinic, people representing themselves in areas of Family Law not typically covered by one of CLP's formal clinics, are given one-on-one assistance with representing themselves in court.  Stetson law students, under the supervision of a staff attorney, assist clients with completing forms packets (see Florida Courts Downloadable Forms) in such areas of the law as Child Support Modification and Paternity.

Generally, people attending the clinic are given an appointment time to meet with the law student.  The person is instructed to bring with him or her the appropriate packet or forms.  The law student then assists the person with completing the forms, including the summons (if needed), Petition/Counterpetition/Answer, the UCCJEA, the Family Law Financial Affidavit, and any other necessary documents. Although legal advice is not given and no person is represented by an attorney, the assistance of the law students allows the individuals to understand the purpose behind each form, the information that the form is seeking to elicit, and the court process in general.

Thus far, the clinic has been well-received by Stetson law student volunteers.  The clinic allows the law student to practice his or her skills in client interviewing and understanding the family law forms, while fulfilling his or her volunteer hours required by Stetson.

Law students are always appreciated to staff this clinic.  Law students are given hours on a first-come-first-served basis; if the clinic has been fully staffed for a particular semester, more opportunities will be available for the following semester.

To volunteer for the Pro Se Clinic, or to hear about other volunteer opportunities that may be available, call 582-7480, or email to clp@lawprogram.org.

Thank you to our current law student volunteers!

Susan A. Calistri

Staff Attorney

NEVER GIVE UP -- THE BYWORD OF ABUSERS

Just when you think you've brought a family through the turmoil of domestic violence and started a parent and the children on the path to some peace and quiet, the abuser strikes again!!  The abuser simply starts a whole new campaign of domestic terror -- and without directly violating the injunction.  How?  By simply using the legal system designed to protect parents and children.  First, the abuser starts with unfounded child protective service complaints.  The parent and children are then subjected to investigations.  And, if it doesn't work the first time, then the abusers will file for a domestic violence injunction alleging that the "custodial" parent is abusing the children.

All of this is legal, but all of this is still terrifying for the parent trying to work and keep the children safe.  And, probably they are doing that without any financial assistance from the oh-so-worried abuser. How do I know this happens?  I've just seen it in practice and am reminded that sometimes abusers really never give up.  A young woman, who was granted an injunction, and custody of her children, is now facing yet another injunction hearing because her abuser has done just this and will not give up.  A hearing is still required.  Why?  Because our system demands that we are as careful as possible when it comes to children.

Are you looking for an opportunity to help the "underdog?"  If so, there are opportunities to step up and provide these beleaguered parents representation to preserve their hard earned protections.  Our legal system is designed to help them, but sometimes the abusers push the envelope to get around the protections intended.  With a little help from an attorney, the legal system will continue to work as it was intended.  Let's make sure that abusers know that our revered legal system never gives up either.  Call Kimberly Rodgers at 727-582-7480 and volunteer to help a parent keep the protections they and their children need and deserve.

Donna Lonsberry

Staff Attorney

Jive for Justice was a complete success!

As many of you may know on Thursday, September 24th the Community Law Program along with Gulfcoast Legal Services hosted Jive for Justice fundraising event. The event held at Green Iguana in St. Petersburg was a complete success. A special thanks to St. Petersburg College Paralegal Studies' students who offered their time from their studies to staff the reception desk. Additionally, without the event's sponsors listed below and organizers the fundraiser would not have been made possible.


The sponsors included:

Synovus Securities, Stetson University College of Law, Garry Moore, Esq., Evelyn L. Moya, Esq., Nawal Batteh, Esq., John P. Cunningham, Esq., Kimberly Rodgers, Esq., Fisher & Sauls, P.A., Liz Williams, Linda Perrigoue, Fulghum Design Builders, Inc., Fontana CPAs, Print City, MailCo, Tradewinds Resort, Client 1st Advisors, Bay Area Town Car Service, Regions, Northwestern Mutual, and Northeast Acupuncture Oriental Medicine, Inc.

We also thank everyone that joined us for a great evening of music and fun. Some of the items that were auctioned off were a vacation to the Greek Islands, Alaska, and Culinary School in Tuscany, Rays and Bucs tickets, and much more.

Without the generous support from local businesses and attorneys, legal aid programs such as ours would not be made possible.

Sincerely,


Kyle Fleming
Case Manager

Foreclosure Fraud Prevention Team

The Community Law Program has partnered with the Pinellas County Department of Justice and Consumer Services; St. Petersburg Neighborhood Housing Service; Gulfcoast Legal Aid and the Community Development Corporation to form the Foreclosure Fraud Prevention Team. My name is Nita Carroll. I am an attorney in Pinellas County and I am currently staffing this project for the Community Law Program.

The goal of this project is to help the community identify and prevent foreclosure fraud. As the number of foreclosures rise so do the predatory scams designed by unethical and sometimes criminal people or businesses to take advantage of desperate homeowners. Some of the common scams are equity skimming or stripping; mortgage broker scams; internet and telemarketing scams and phony counseling. I will discuss each type of scam in more detail in the weeks to come. In the interim it is important that if you or someone you know is facing foreclosure you should:

1. beware of anyone that contacts you offering to save your home;
2. read and understand everything you sign and talk to an attorney if you need an explanation;
3. do not sign any papers with any fields left blank;
4. check for complaints about a business before signing anything by calling 727-464-6200 or online at www.pinellascounty.org/consumer and
5. remember that if the deal sounds to good to be true then it probably is.

The Community Law Program and the Foreclosure Fraud Prevention Team will be participating in community outreach programs and will also counsel individual homeowners. We also hope to recruit volunteer attorneys to help represent homeowners that have been victims of foreclosure fraud.

If you need help with foreclosure fraud please contact us at727-582-7480.

Nita Carroll