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LEGAL AID OF NORTH CAROLINA, INC. MORTGAGE FORECLOSURE DEFENSE WORK. Legal Aid of NC, Inc.

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legal aid of north carolina inc

LEGAL AID OF NORTH CAROLINA, INC

MORTGAGE FORECLOSURE

DEFENSE WORK

MORTGAGE FORECLOSURE

DEFENSE WORK

legal aid of nc inc
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

mortgage foreclosure defense work
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

mfp foreclosure stats to date 2004 through september 2009
MFP Foreclosure Stats to date – 2004 through September 2009
  • MORTGAGE FORECLOSURE
  • DEFENSE WORK
mortgage foreclosure defense work con t
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

nfmc loan mod stats to date may 2009 september 2009

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

lanc coordination between housing counselors mortgage foreclosure defense work
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

steps leading to loan modification success
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

mfp foreclosure stats to date 2004 through september 2009 loan mods
MFP Foreclosure Stats to date – 2004 through September 2009% Loan Mods,
  • MFP Project

MORTGAGE FORECLOSURE

DEFENSE WORK

mfp foreclosure stats to date 2004 through september 20091
MFP Foreclosure Stats to date – 2004 through September 2009

MORTGAGE FORECLOSURE

DEFENSE WORK

contact info
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