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