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LEGAL AID OF NORTH CAROLINA, INC PowerPoint Presentation
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LEGAL AID OF NORTH CAROLINA, INC

LEGAL AID OF NORTH CAROLINA, INC

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LEGAL AID OF NORTH CAROLINA, INC

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  1. LEGAL AID OF NORTH CAROLINA, INC MORTGAGE FORECLOSURE DEFENSE WORK MORTGAGE FORECLOSURE DEFENSE WORK

  2. Legal Aid of NC, Inc. • Legal Aid of North Carolina is a statewide, nonprofit law firm that provides free legal services in civil matters to low-income people in order to ensure equal access to justice and to remove legal barriers to economic opportunity • Legal Aid Services • 1) representing clients to ensure that the community has equal access to justice; • 2) performing outreach to make the community aware of its rights; and • 3) providing education to empower the community to develop its own legal strategies and to defend its rights by itself. • Client Profile(s) • Fall below 125% of FPG • Fall below 200%) of FPG for mortgage foreclosure cases of the federal poverty guidelines. • 3.5 million financially-eligible people (30% of NC pop.) • Yr-2008, MI= $9,000, [living wage=$25,626 ] • LANC Profile • 130 attorneys and 125-member support team I • 24 geographically-based covering 100 counties • 6 statewide projects* [Advocates for Children’s Services; Battered Immigrant Project; Domestic Violence Initiative; Farmworker Unit, Legal Aid of NC; Senior Law Project; Mortgage Foreclosure Prevention Project] MORTGAGE FORECLOSURE DEFENSE WORK

  3. Mortgage Foreclosure Defense Work • Mortgage Foreclosure Prevention Project -- (MFP) • Mission: [Asset Retention] • Represent Low-Income Families Who Live in NC and Are Faced With Possibility of Losing a Primary Residence • Staff Profile: • 5 attorneys • 3 paralegals • Staff Services • Consult. & Asst. to Local Offices • Case Strategy • Document Review (legal claims) • Research/Pleadings • Co-Counseling • Lost Mitigation [Loan Modification]* • Direct Litigation* • MFP Process – • Case Referrals from Local Offices • Active Foreclosure • Request for Loss Mit. [pre-foreclosure] • Client Loan/Income/Gen Info Submitted by Advocate to MFP Liaison • Chris McCallum – LANC Fayetteville Office / chrism2@legalaidnc.org/ 910.483.0400 X114 • Weekly Conference Call • Weekly Case Consultation • Case Referrals from Community Orgs. • Active Foreclosure • Request for Loss Mit. [pre-foreclosure] • Client Loan/Income/Gen Info Submitted by Community Org to Local Office • Client Loan/Income/Gen Info Submitted by Community Org to MFP Liaison** • Carolyn Kent – LANC Goldsboro Office / CarolynK@legalaidnc.org/ 919.731.2303 • Weekly Conference Call • Kept In-House / Refer to Local Office MORTGAGE FORECLOSURE DEFENSE WORK

  4. MFP Foreclosure Stats to date – 2004 through September 2009 • MORTGAGE FORECLOSURE • DEFENSE WORK

  5. Mortgage Foreclosure Defense Work [Con’t] • National Foreclosure Mitigation Counseling Program [NFMC]: • Assist Foreclosure Mitigation Counseling Process • Counselors Refer Cases for Loan Mod Negotiations [as a way to reduce their caseloads] • Counselors continue working with their clients on budgeting/debt-management • NFMC Process – • Case Referrals from Participating Housing Counselors: [Associated with NCHFA and CCCS of Greensboro as lead agencies] • No Active Foreclosure • Request for Loan Mod Asst. • Initiating/Loan Mod Process • Reviewing Pending Loan Mod Proposal/Offer • Legal Assistance Referral Form/Client Release/Loan/Budget & Income/Loan Info Submitted by Counselor to NFMC Liaison • Carolyn Kent– LANC Goldsboro Office / carolynk@legalaidnc.org/ • Clients Screened for Eligibility • Retainer Issued* • Weekly Conference Call • Case Assignment to NFMC Attorney • Transfer into MFP Process* • Yes -- Client @/Below 200% of FPG, Loan Mod. Not Achieved w/in 4hr timeframe] and/or Foreclosure Initiated • No – Client Above 200% of FPG, Loan Mod. Not Achieved w/in 4hr timeframe • Pro Se Packet Issued MORTGAGE FORECLOSURE DEFENSE WORK

  6. NFMC Opened Cases by Month May - October 23, 2009 35 29 30 25 21 20 17 # Opened 15 14 15 10 10 5 0 May June July August Sept. October NFMC Loan Mod Stats To-date – May 2009 -- September 2009 No Loans Coming Through Project Have Been Lost Through Foreclosure* MORTGAGE FORECLOSURE DEFENSE WORK

  7. LANC Coordination Between Housing Counselors & Mortgage Foreclosure Defense Work LANC MFP Project (Legal Defense & Loss Mit. Case Consultation & Prep. Asst.) LANC Volunteer Attorney Network Legal Defense & Loss Mit.) Housing Counselors (Loss Mit. Counseling) (Loan Mod*) LANC Eligible NCHFA & CCCS - Greensboro LANC Local Offices Legal Defense & Loss Mit.) LANC NFMC Project (Loan Mods.) LANC Eligible LANC Eligible/Non-Qualifying NFMC MORTGAGE FORECLOSURE DEFENSE WORK

  8. Steps Leading to Loan Modification Success State Court Bankruptcy Court Special Proceedings Aggressive Legal Efforts LANC MFP Project LANC NFMC Project Legal Non-Legal Aggressive Mediation/ Negotiation Efforts Intensive Assessment of Legal Claims Intensive Assessment of Extenuating Circumstances Intensive Assessment of Financial Position Aggressive Collection/Review of Loan Docs MORTGAGE FORECLOSURE DEFENSE WORK

  9. MFP Foreclosure Stats to date – 2004 through September 2009% Loan Mods, • MFP Project MORTGAGE FORECLOSURE DEFENSE WORK

  10. MFP Foreclosure Stats to date – 2004 through September 2009 MORTGAGE FORECLOSURE DEFENSE WORK

  11. Contact Info • LANC MFP Project • Johnnie C. Larrie [Project Manager] • LANC – Fayetteville Office • P.O. Box 1268, • Fayetteville, NC 28301 • 910.483.0400 x 108 [OfficeTele] • Pamela Thombs [Project Manager] • LANC – Smithfield Office • P.O. Box 371 Smithfield, NC 27577 • 919.934.9027 [Office Tele] • Chris McCallum [Project Paralegal] • LANC – Fayetteville Office • P.O. Box 1268, • Fayetteville, NC 28301 • 910.483.0400 x114 [Office Tele] • ChrisM2@legalaidnc.org [E-mail] • LANC NFMC Project • Pamela Thombs [Supervising Attorney] • LANC – Smithfield Office • P.O. Box 371 Smithfield, NC 27577 • 919.934.9027 [Office Tele] • Carolyn Kent [Project Liaison] • LANC – Wilson Office • P.O. Box 2688, • Wilson, NC 27894 • CarolynK@legalaidnc.org [E-mail] MORTGAGE FORECLOSURE DEFENSE WORK